prom ; I ' Y oartnew BENDER, Law BOOK PUBLISHER. ALBANY, - Nee Cornett Universiry Law Lisprary THE GIFT OF Date Vow adw: A LIF... ‘ia Cornell oe Library KFN5750.A3 1903 Wain MANUAL FOR Supervisors, County and Town Officers CONTAINING THE COUNTY AND TOWN LAWS IN FULL AND ALL OTHER STAT- UTES OF THE STATE OF NEW YORK, RELATING TO BOARDS OF SUPERVISORS, TOWN BOARDS, COUNTY AND TOWN OFFICERS, AND THE AFFAIRS AND BUSINESS OF COUNTIES AND TOWNS, AS AMENDED TO THE CLOSE OF THE LEGISLA- TURE OF 1903. WITH DECISIONS, ANNOTATIONS, EXPLANATORY NOTES, CROSS-REFERENCES, FORMS, AND A DIGEST OF FEES OF COUNTY AND TOWN OFFICERS. By FRANK B. GILBERT — Of the Albany Bar, author of Gilbert on Domestic Relations, co-Editor of the Village Laws, The Poor, Insanity and State Charities Laws, Commercial Paper, ete. ALBANY, N. Y.: MATTHEW BENDER. 1903. § 55799 CopyrrieutT, 1903, By MATTHEW BENDER. PLATED AND PRINTED BY WILLIAM BOYD ALBANY PREFACE. The purpose of this manual is to present in a logical manner all the laws of the state pertaining to the transactions of county and town business, and the rights, powers, duties and liabilities of boards of supervisors and county and town officers. Ag is indicated by the table of contents, the manual is divided into parts, and each part again subdivided into chapters. This arrangement permits of a careful and scientific classification of the laws relating to the topics under consideration. In the chapters devoted to the exclusive powers and duties of the several county and town officers, cross references are made in their proper connection to other parts of the manual, where other duties are prescribed in connection with those of other officers. These references join together the several laws, and parts of laws, so that all the powers and duties of the several officers may be readily ascertained. The editorial notes and citations of authorities, containing frequent extracts from judicial opinions, are included in foot -notes, so that the law as enacted by the state legislature may be clearly distinguished. The manual is based upon statute law, for the reason that county and town rights and obligations, and the powers and duties of county and town officers, are of statutory origin. The notes are to aid in the interpretation and application of these statutes and are, therefore, properly subordinated to them. fa A large number of appropriate forms are appended, with references to them by number in connection with the statutes under which they are to be used. A schedule of the general laws and other statutes contained in the manual is inserted immediately after the table of contents, for the purpose of showing readily the pages where the several sections of such laws and statutes can be found. This manual contains all the general laws and statutes per- taining to counties and towns, the administration of their affairs and the powers and duties of their officers. Statutes relating to (iii) iv PREFACE. any one county or town officer cannot be considered without refer- ence to other officers, because their powers and duties are inter- laced and dependent, the one upon the other. For instance, a county board of supervisors cannot act intelligently upon a mat- ter pertaining to the highway system without a knowledge of the duties of highway commissioners. It may safely be said that a county or town officer who is familiar with the requirements of his office, must also know, to a certain extent, the rights and duties of other officers. It follows that a complete guide for the use of any one or more county or town officers must contain all the statute law of the state generally applicable to all of such officers. The chief aim has been to make this manual easy for use by county and town officers, who may be business men but not lawyers, and, therefore, not learned in the law. In accomplishing this purpose it would be strange if its value to lawyers has been lessened. The statute law is included as it is; the explanatory notes and comments may be taken at their actual worth; they are the result of the careful and conscientious labor of the editor, who has had a somewhat extended experience in the consideration of the state statutes. Ausany, N. Y., September 1, 1903. FRANK B. GILBERT. CONTENTS. PART I. Countizes; Boarps or SUPERVISORS. CHAPTER. PAGE. I. Counties as corporations ...........ccee cece eres eeeee aire 1 II. Organization, meetings and proceedings of board of super- VWIBOIS. gies srcisceieacsigss suse ae siias shalelieis eraivrnibaleleteyerete Waters 4 III. Audit by board of supervisors; county charges........... 21 IV. General powers of boards of supervisors; publication of session laws; removal of county buildings; other powers, 44 V. Boards of supervisors as boards of county canvassers..... 68 VI. Clerks of boards of supervisors........ cece eee eeneeers 78 PART II. County OFFICERS; JAILS AND Prisoners ; Loan CoMMISSIONERS. CHAPTER. PAGE. VIL. County treasurer siacccices cccwastsaeass snes sean ve core 83 VIII. County clerk .......... Scorsese say sans sudo avenge Reersucsere -» 100 IX. District attorneys, county judges and surrogates........ . 107 X. Sheriff and coroners; powers and duties.............. ean 119) XI. County jails .............08, sak SA Des alantew a atavion swore 136 XII. Civil prisoners; jail liberties............ 00: e cues weenie 149 XIII. Coroner’s inquest ......cccecces scence cestsenceecesnens 159 XIV. United States deposit fund; loan commissioners.......... 165 XV. Provisions generally applicable to county officers......... 178 PART III. Towns, Town Mretines anp Town Officers, CHAPTER. PAGE, XVI. Towns; erection and alteration..........ceccsececaseaee 187 XVII. Town meetings; election and terms of town officers........ 196 XVIII. Town houses; lock-ups; town cemeteries................ 247 XIX. Town officers; eligibility, oaths of office, undertaking, vacancies, resignations ............seceeeeeeeeeeeanee 254 XX. Supervisor as town officer; general duties..............05 273 XXI. Duties of town clerk generally............ cc ccc eee eee eee 287 XXII. Justices of the peace; general duties as town officers..... 294 XXIII. Drainage of low lands; duties of town officers........ vee. 299 (vy) vi CHAPTER. XXV, XXVI. XXVII. XXVIIL., XXIX. XXX. CHAPTER, XXXII. XXXII. CHAPTER. XXXIV. XXXV. XXXVI. XXXVII. XXXVIII. XXXIX. ConTENTS. PART IV. TaxaTION. PAGE Taxable property and place of taxation.................. 321 Mode of assessment ........ 2. cece eee ence eee eeenc ee ennee 355 Assessment of special franchises.........-+seeeeeeeeeeee 385 Duties of boards of supervisors as to assessments and taxa- tion; equalization of assessments .........+.seeeeeeee 394 State board of tax commissioners; equalization by state board; appeals from supervisOrs...........sseeeeeee -- 407 Collection of taxeS ....... cece cece cere ene eenee oecceens 413 Sales by county treasurer for unpaid taxes and redemption OF lands SOld. oo sce: ge neice ee ee a eee eg esiae ee ween we 442 PART V. Division Fences; StraveD Animas; Dogs. PAGE Division fences; duties of fence viewers.........+eeeeeees 447 Strayed animals doing damage; duties of fence viewers... 454 Dogs, duties of town and county officers relative to........ 461 PART VI. Rewier oF Poor. PAGE Superintendent of the poor; alms-houses..............66. 475 Alms-houses; powers of state board of charities.......... 491 Support of the insane, idiots and epileptics............... 496 Education and support of the blind and the deaf and dumb, 510 General powers and duties of overseer of the poor in respect tO Telief, OF POOP. jai. ccd oes ed anes OG Base oe BREN ae te BTS 520 Settlement and place of relief of poor persons............ 533 Support of bastards: oi: cose. ca casws tea gute ea aaiee ee 546 Support of poor persons by relatives; absconding parents Or husband. wscsiasew secu ves ome vee wow cs meds seam ba 556 Relief of veteran soldiers, sailors and marines............ 569 The state poor ......cece cece ccc rence ences snereanscnes 574 Distinction between town and county poor and other mis- cellaneous provisions relating to the poor.............. 582 ConTENTSs. vil PART VII. CHAPTER, Hicuwayrs anp Brinaszs. PAGE. XLV. Highway commissioners and .overseers; general powers ANG UM ES fii ca stecsia ions Godarasd aces scalaiwee S's bun Heb aideensieaie Are 591 XLVI. Assessment of highway labor................ cece ences 623 XLVI. County road system; county supervision...............65 639 XLVITI. Performance of highway labor; duties of overseers; abate- MONG: OL GAR. is sac aisia: ace socaice-angume 6 e)4 where & area Ge eisela See - 647 XLIX. Laying out, altering or discontinuing highways; commis- sioners; procedure; private roads.................00.- 659 L. Injuries to, use of, and encroachments upon highways..... 686 dak. Towa Dri B65 x98 5. sccesdutw acces outs deie 2 > aduinssd ardnduainis ducal Saaae 697 LII. Duties of boards of supervisors as to highways and bridges, 708 LIII. State aid in the construction of highways................ 723 LIV. Bicycle sidepaths; use of bicycles and automobiles on BI Gh Ways Scxsrs5 cities as Saeed eased Seal acveadedie earn 22S 737 LV. Railroads crossing highways; street railroads in highways, 752 LVI. Special provisions relating to highways................. 764 LVII. Turnpike, plank road and bridge corporations............ 778 LVIEL, Berries. oss sicaws cous treeed ieee sc avews snow sens eee 798 ‘ PART VIII. Cuarter. Town Boarp. PAGE. LIX. Auditing of town accounts; town charges; town finances.. 801 LX. Licenses by town boards...........c cece eee e ene e ee eeee 825 LXI. Water, light and sewer systems in towns................ 833 LXII. Other powers and duties of town boards............eeeee 850 LXIII. Town board as local board of health...............00e00e 853 PART IX. ScHoos; Duties or Town anp County OFFICERS. CHAPTER. / PAGE. LXIV. Schools and school moneys, duties of town and county Officers in respect thereto........... ec e eee eee eeen 869 LXV. Gospel and school lots............. ss cece cee eee eee veces 889 PART X. JURORS. CHAPTER. “PAGE. LXVI. Grand and trial jurors; commissioners of jurors.......... 893 PART XI. Provisions RELATING TO Counties anp Towns. CHAPTER. PAGE. LXVII. Actions by and against town and county officers.......... 909 LXVIII. Town and county finances and property.................. 922 LXIX. Penal provisions applicable to towns and county officers... 946 LXX. Miscellaneous provisions; weights and measures.......... 951 LXXI. Fees of county and town officers..............ccseeeeueee 954 SCHEDULE OF LAWS. (Showing pages of manual where the sections of the laws included may Law. Constitution. art. art, art. art. art. art. art. art. Se COA 002 C02 00? 6 C02 C09 CO my OO OS) GS G9 OO DO be found.) Page of Manual. art. 13, § 1..180, 254, 257 Code Civil Proceaure. Code Civil Procedure. Page of Manual, S29. stew see's 146 T8085 % wae es 146 ip eee eaares 146 WBZ acs da euaecaceis 146 USS isclesecaceeics 152 VS sees eae bas 152 LSS ioe 8 4 wie eas 147 136 «5 sceavews 147 VS tie eh cexier teas 147 WSS ccevedalonas 148 T39 S wack eas 148 V4 esceage see 148 4) vc enenas we 148 14s pews cites 148 WAS cs lence aevenae 147 146......000. 153 FART i casiteeesvens 154 148): cured s sat 154 149). assis os arate 154 160s tess cee 155 998 Fea Chan 155 VOD eo cckives Steins 155 WOO ie acctawrs 156 LBA. wes eines 156 VSG iss eee ends 156 LBG 6 dad save 157 VDT. sua sas erneseve 158 MBB s incse'ets eae 157 N69 aeegs ceva. 157 LB 2 ines exces 132 8S sciecetne es 133 VBS aise acatdue oie 133 DBS cia iacetnoees 133 1866254 gous 134 IB? cee nena ss 134 WSS ate ities 133 DBD ncaa e 134 2G cis o-aanana esis 42 2D (as Bensve ai 42 QBS wavs caves 42 269 oy ss ce ees 43 ZOO wi siccasees 43 934....... fie. 293 x ScuHEDULE oF Laws. Page of Page of Law. Manual. Law. Manual. Code Civil Procedure. Code Criminal Procedure. BQ sw rsiscsissiense VQ BESS BD ise seis ereeverere 551 O27 ss eee wes xe 896 886 occa os 551 1028). sc ecw ccs 897 S87 acs ccweees 810 O29 escdsraneceiens 897 887a......66. 810 WOB0 ciawwwcccse 898 B99 os ange ae 561 OBB sei. d.0:'scere cies 896 DOO :accrciers ase: s sve 561 1086 «565 servos 896 OOD owiaa deco w 561 10387 sc aswwsexe 899 902 wise sueeaecas 561 1039.55 sis 62d oe 899 902, 903......06- - 562 LOAD inc. dcsicisiet os 900 90D csxceueec 562 V39O exscpssuaiavane. iene 330 08 is.c acmenarne 142 VO Lissenewnvenssre 330 QU vicccnacaceearars 556 W892 oo eescdatererws 331 QU G eccrsrsepcite~os 557 1393.0 eewies ec 331 Q1G is cmos 558 1395s. csaavs vs 331 OU Tiexceecoas 558 1925 6.0 ecanad ace 9T8 OU S. ise seraeter 559 VOQ6 ec savaiecdie, os 919 QD. cst evevcrausvever 560 1927-1929.......... 920 DZD jetvectobwen wesnte 560 1930, 1931.......... 921 ODT cca arene 562 DATS 2 scctaceisiards 282 DOr hae dae. 563 DASE ae saseuvera ale 113 928 oc sy woe wes 563 DABS ec srsires 0% 114 O24 osc ice scrind ove 563 DADO a edie ievaiarets 114 OOD cesiescdiicissare 564 DAO8 ws cnccscosersie 114 O26 sccctsscvnnnitve sac 564 3144.......... 296 SUAS i wcwiereie oi 296 Penal Code. 2 eee 296 BD ee sis ace si 946 SIT ie eaireatsese 297 4S ioc wanes’ 946 3280.06 ecew es 815 BA os. ceisevesern 946 3012... weenie 33 4 Dies sassveras a Sean's 946 DSL Bie cesesecesveelee 906 AG earscerniisesae 2 947 BOISE se owtuweaias 906 AT icxknrs iv sass 947 SSID iwaeaces 907 WS ders sesereien 947 Ws ce wweees 947 Code Criminal Procedure. 60). s.c6seiswwe 947 § 106 cc ccawews 941 DQ isisusve assvacear 948 BD sacs apsicnestyecs 295 BS iccsnaiwree 948 ABS isc asaitervnre 8 143 DAS sissuarshetets 948 CLG isin sinnseass 35 Dacia wooere 948 GV fesevscstsnateseses 35 S56 2ccex aces 948 6628s ceca ven: 32 BT escaarerseie.e 948 WS ee ee ees 159 Aids Scyenestanes 135 LU Dis cacavs ayatsaeess 160 DB recsleaveca. dae ones 135 Mia issn, wu eacw a 160 MG ic scheneaiuists 135 BEL: Wisse briana 160 Li iicticiein ae 12, 949 TES sieipse.icatscli as 161 VT awecea oe 82, 178 (1 sree ieee « 161 LU Diwazcaees 549 TBO ose Sealer 161 VS Tievissvagrauennive 297 UB Lies pccxeuseandeaeaie 161 VB Bi aise pasevore 297 WB Divcty coeerabacesa 162 V8 Oi rcuaciarss 297 TOS ir sseie sveseieres 162 TAQ oeerecsisimasars 297 (SA os eaceewes 162 VAL wes esewiee 297 (0 eas sem ees 162 60 .csveccae. 145 CBD bcos Riinis overs 163 gp MO Maes eebd scousutin 951 1B Tesiaad, onnenavees 163 DG Di eicir nouns 106 CS Sis sectecerss 163 VG 8% secs seats 106 TOO ercncanvsietoustels 163 ere 106 838i es sac es 547 16S icnre 367 WOO 52. oisrert eas 442 QT si ho Sie ees 367 \ TSO ses 300 4 32 443 DB es ageles te 368 VDE case eonetet 443 992 cs awe ba3a 369 UD ick cc scone eee 444 SO p aicresee srr 370 Ck eee ae 444 SThces-tasnay uke 371 164622 aed nae 445 XX ScHEpuLe or Laws. Page of Page of Law. Manual. Law. Manual. Tax Law (LD. 1896, ch. 908). State Finance Law (L. 1897, S156 o6 eee nds 446 ch. 413). LD Tee sees eat 446 §: 86. ceca tas 167 VO isi stoniesesors 407 Sine agee ies 168 Vlg se eeaa eee 407 88x ccsue dees 171 L12 eszcne ease 408 89 sic cco a8 171 LAD isc ecodgei eet 408 « Dia iesvasceee sues 171 Lies co ise aes 409 QO Bis ca accion a's 174 DTD isobar quasars aire 410 Oe scarenaticnecicegs 174 Vie ve crstese eke 411 OD ed aecedet SSS 175 VU Bisinaraheedss oni 412 OB ie wikia site 176 DOD saa wracde aces 98 eee 176 236 ve eiicage sie 98 QO wate saw 4 177 OST ci aes 99 240s resdienatne is 99 Village Law (L. 1897, ch. 414). DO ik Sanne 381 Disa degen 282 D5 Brsccive aiteacaiece 427 Biche aes 282 Db Oe Scie eases 428 icte se gins ae 284 260: 'cauise.e-eira 433 Dees saeyee 284 261 wi sehecck s 434 Gis sa remre es 285 DOD scarey 434 Mig 3 deta eee 285 268.. ec.dinned 425 8 kenilevass ot 4 286 DOE 35.5 scans daria 419 Qisawaiwt oe 286 QB wisi Wake sox 286 Election Law (L. 1896, ch. 909). BW occ ece 239, 255 Lien Law (L. 1897, ch. 418). VO. sacs stapthels oe 240 BO ee hokaes 290 Wietccumesss 203 OB. ccs pavers 290 WG. sc a seasere as 218 D8 oie inl eh 291 nt: eran 218, 228 OB isis a arddee owas 291 PaO ickecbve, apdeayaes a 229 Bis eG ed ats 293 SB isvevarocctorescen 220 1898, ch. 115, § Les sapecua 723 DD ka sosncotagubce DN Oe AD hare acnen tae tak 724 2 socio salnaiansss 222 ie eacaica ban 724 SBwalseneeins s 223 4 seg fs sayaterah 724 86 ie cxisaess 224 Dis a deauatin dvedees 725 130 iss s-ssevasearans 68 Gineccn sales 725 NB Vsiavaesteuaans. ans 69 Te sosatitonh certs 726 VB ithe cay onects ae 70 ee 726 VOB eis Gos. aigiere's 71 D584 eaten 727 NSD orcs’ kaetrt 3 72 LOS 55sec 728 136 ss sayses 3s 75 Vy eek aga 728 VT cee< mses e% 76 Wee erences 728 163 veaneees 225 VOi eames: 730 LOS sess se avns ste 225 Le ea ies wig ees 730 LOS was edna 225 il eee ees 730 LOG idee eresrsne recs 226 Wes cseaeas 731 NB? ois setiere cs 226 Wag vaweies 731 1896, ch. 987% ave ee ateneaws 93 VB. aic ssrsacse 731 1897, ch. 269, § 1.......... 706 VD jae sud east oa 731 Deakins. 706 1898, ch. 141, § Weludsh waeecny 828 Desks Bere 84 706 D cerca cdhele eee 828 Bo sracd aumag. ack 707 1898, ch, 360, § 5.......... 169 Diiew ce nage 707 Cie iene ess 170 Vss,s aeden eat 170 State Finance Law (L. 1897, 1898, ch. 554, § Usa dae dengue 836 ch. 413). Dia cumaire id 836 8 82a scenes 165 Diwan onelnces 836 B8 oicraravecaaase 166 bier setae ees 836 BE ies a aietertinn 166 Bienen insy 837 Law. 1898, ch. 636, 1899, ch. 30, 1899, ch. 152, § 1899, ch. 441, § 1899, ch. 443, 1899, ch. 594, § 1899, ch. 634, § ScHEDULE oF Laws. Page of Manual. 837 Law. 1900, ch. 1900, ch. 1900, ch. eae ee 1901, ch. 240, ee aut 1901, ch. 348, 1901, 1902, eh. ch, 584, 206, Forest, Fish and Game Law (L. 1900, ch. 20). © os aude 1902, 1903, 1903, ch. 405, 4 ch. 308, 8 § XxXi1 Page of Manual. Vie neus ais 850 DB etecakee arenes 851 siclexetoa? Rigas 241 Lieay ciewes 838 Dacia ita a ESS 839 bie tsk aavebau & 839 BL wreath 839 Dadi vayeeed-ae 839 6s eed beats 840 Visaa weet 840 SD caec Sure! ats 841 9) dein wovaoecs 841 LO saccades s 841 Mess cai ge ah steve 842 lQisweasenes 842 MSitiaccwac: 842 AA acceisug adden <0 842 DD close. cotati 842 Gisas vais 842 et eaeg e's 732 Quai sakawee 732 Dudes seared 732 Bee acta 733 B ase rwneeuicers 733 Gigi vee 735 Learn aoline ace 735 Sine iaweess 736 ive crienes 845 Dist aarepasiece 845 Dointaunases 845 BN aise ope 845 Die cacae ns 846 Ceaicvaecis 846 Uses Eager 846 8 cel eats. penta 846 D ice ates 847 MO Sistas atte 847 VV wie cares « 847 VL Desres cies apie ass 847 DB sian trae ena 848 VQ eee eleven 848 AD deserters 848 LG ici sceulawecss 849 Miscrva waxes 849 deve deat 117 Bb sceupnsereeauniese 822 Data caheeera dine 822 Seameiodishe.} spd 229 Dekh a Dem aa 727 Lisaaswsimdas 831 SD erveaeenGns 831 Oiled yah nes 831 Bertin ieee 832 Snageanen xe 832 PALIT 1. Countiss; Boarps or SupEeRvIsoRs. CHAPTER I. COUNTIES AS CORPORATIONS Section 1. County a municipal corporation. 2. Actions and contracts in corporate name. 3. Disposition of property and apportionment of debts on altera- tion of boundary. § 1. County a municipal corporation. A county is a municipal corporation, comprising the inhabi- tants within its boundaries, and formed for the purpose of exer- cising the powers and discharging the duties of local government, and the administration of public affairs conferred upon it by law.” [County Law (L. 1892, ch. 686), § 2; Heydecker’s Gen. L. (2d ed.), p. 1200.] 1. A municipal corporation is defined in the General Municipal Law, sec. 1, as including a county, town, city and village, and in sec. 3 of the General Corporation Law it is provided that “a municipal corporation in- cludes a county, town, school district, village, city and any other territorial division of the state established by law with powers of local government.” Effect of declaring county a municipal corporation. The above section of the County Law, making « county a municipal corporation, has not changed the rule as to the liability of counties for the neglect of county officers to perform their official duties. Albrecht v. County of Queens, 84 Hun, 399; 32 N. Y. Supp. 473. In this case it was held that the county was not liable for the negligence of the board of supervisors in failing to perform its duty in the maintenance of a bridge, because of which an injury was occasioned to the plaintiff. The court said: ‘The theory on which cities and villages are held to a liability different from that of a town or county is not merely that they are corporations, but that they obtain upon the request of their citizens valuable franchises, and that in consideration therefor they undertake to perform with fidelity their charter obligations. This may be w fiction, as the legislature can incorporate a city without the consent of the inhabitants, but nevertheless, the principle is too well 2 Counties; Boarps or SuPERVIsoRs. County Law, § 3. § 2. Actions and contracts in corporate name. An action or special proceeding for or against a county, or for its benefit, and upon a contract lawfully made with it, or with any of its officers or agents authorized to contract in its behalf, or to enforce any liability created, or duty enjoined upon it, or upon any of its officers or agents for which it is liable, or to recover settled in the law to be ignored. This principle is not applicable to coun- ties, which, while the statute may make them municipal corporations, are something more than such. They are political divisions of the state so recognized in the constitution, and beyond the power of the legislature to abrogate. The state doubtless can impose upon counties liability for the neglect of county officers to perform local duties. But we think no such intent should be inferred from the mere fact that in the general revision of the law relating to counties they are declared to be municipal corporations.” See, also, Godfrey v. County of Qucens, 89 Hun, 18; 34 N. Y. Supp. 1052; Ahern v, County of Kings, 89 Hun, 148; 34 N. Y. Supp. 1023. The Court of Appeals, in the case of Markey v. County of Queens, 154 N. Y. 675, 686; 49 N. E. 71, holds a similar view as to the effect of the above section. Judge Gray, in writing the opinion of the court, says: “TI think that the principle of our decision must necessarily be this; that as the counties of this state were bodies corporate for certain specific purposes, before the enactment of the County Law of 1892, now that they are de- clared thereby to be municipal corporations, their liability for corporate acts is no further enlarged than what may be clearly read in or implied from the statute. Their becoming municipal corporations in name imports no greater liability, because, by the third section of the law, their liability for injuries is confined by the language to that which was existing. The liability remains as it was, neither greater nor less. No new duty or burden has been imposed upon counties, in respect to the maintenance of bridges over navigable boundary streams; the duty, which always existed for public purposes and for the public benefit, is continued. The work of maintaining the bridge in question was properly charged upon the county; because it could be more advantageously performed by them than by the towns. Towns themselves were not liable for damages arising from de- fective highways and bridges until by an act of the legislature in 1881, the liability which formerly rested upon the commissioners of highways was transferred to them. If it was necessary, in order that towns might be made liable in private actions, that there should be such legislation, it is neccs- sary, I think, that there should be some express legislation, in order to impose the liability upon a county which did not previously exist. The object of the County Law of 1892, in my judgment, in declaring the county a municipal corporation, was in order that it might be sued as a legal entity in such cases where, previously, actions were maintainable only in the name of the board of supervisors.” In the case of Hughes v. County of Monroe, 147 N. Y. 49; 41 N. E. 407, it was held that the doctrine that where power is granted to a municipal corporation as one of the political divisions of the state, not for the im- CouNTIES AS CORPORATIONS. 3 County Law, § 3. damages for any injury to any property or rights for which it is liable, shall be in the name of the county.’ All contracts or con- veyances, by or in behalf of, or to a county, shall be deemed to be in the name of the county, whether so stated or not in the con- tract or conveyance. [County Law (L. 1892, ch. 686), § 8; Heydecker’s Gen. L. (2d. ed.), p. 1200.] mediate benefit of the municipality, but as a means to the exercise of the sovereign power for the benefit of all citizens, the corporation is not liable for non-user, nor for mis-user, by the public agents, is applicable to coun- ties, which prior to the County Law were not municipal corporations, but were political divisions of the state, and at most only quasi corporations. It will be seen by an examination of the case of Markey v. County of Queens above cited, that this doctrine has not been changed by the enactment of the above section declaring a county to be a municipal corporation. 2. Action by and against a county. The object of the above section is to permit actions to be brought by or against a county as a legal entity in such cases where, previously, actions were maintainable only in the name of the board of supervisors. Markey v. County of Queens, 154 N. Y. 675; 49 N. E. 71. Corporate capacity is conferred upon each county in the state to sue and be sued, to purchase and hold lands within its limits for the use of its inhabitants; to make contracts and possess personal property, and to ‘dis- pose of and regulate the use of its corporate property; and all suits and proceedings by and against a county in its corporate capacity are directed by the above section to be in the name of the county. In the case of People v. Ingersoll, 58 N. Y. 1, the right of counties to protect their prep- erty and to enforce their rights has been exhaustively discussed. In view of the importance of this case it may be well to quote the following lan- guage from the opinion of Judge Allen (p. 28): “Counties are public, as distinguished from private corporations, and they are political as auxiliaries to the government of the state, and they are trustees of the people, the inhabitants within their boundaries. . . . They are trustees only of the property held for public use. They are not the guardians and protectors of private and individual interests or property of the citizen. They may not intervene by action to protect or redress the individual citizen in re- spect to wrongs or injury to his person or property. Their power as well as duty is restricted to the protection and preservation of property pos- sessed by them in their corporate capacity. This trusteeship and corporate power has w pecuniary and fiduciary relation, extends to and embraces not only the tangible property of the corporation, but the franchises and powers conferred for raising moneys and other means for the support of the local government and the use of the inhabitants of the county, and the means realized from the franchises and powers conferred. . . . In political and governmental matters the municipalities are the representatives of the sovereignty of the state and auxiliary to it; in other matters relating to property rights and pecuniary obligations, they have the attributes and the distinctive legal rights of private corporations and may acquire property, 4 Counties; Boarps or SUPERVISORS. County Law, § 4. § 3. Disposition of property and apportionment of debts on alteration of boundary. When a county is divided or its boundary changed, its real property shall become the property of the county, within whose limits it lies after the change’ The personal property and debts of such county, shall be apportioned between, the counties create debts, and sue and be sued, as other corporations; and in borrowing money and incurring pecuniary obligations in any form, as well as in the buying and selling of property within the limits of the corporate powers conferred, they neither represent nor bind the state.” In this case it was attempted to maintain an action brought by the people of the state for the recovery of money realized from the sale of county bonds in excess of the amount authorized by statute, and fraudulently diverted from the county treasury. It was held that the legislature has the power to direct by what agency claims against a county shall be ascertained and adjusted, and by what officials the bonds of a county authorized to be issued to provide means of payment therefor, shall be attested and issued; but the bonds, when issued, are the bonds of the county for which its credit and revenues are pledged. The debt is a debt of the county and not of the state, and the moneys realized upon the bonds are the moneys of the county and not of the state; and when stolen or procured by fraud from the county treasury the county alone can maintain an action to recover the same, subject, however, like other municipal rights, to the control of the legislature. Effect of section upon audit. It has been held that this section is not intended to do away with the necessity of submitting claims for audit to the board of supervisors, and is only intended to change the law in respect to actions for or against the county which were formerly com- menced in the name of the board of supervisors. Erhard v. Kings County, 36 N. Y. Supp. 656. But this case seems to have been overruled by the case of Kennedy v. County of Queens, 47 App. Div. 250; 62 N. Y. Supp. 276, in which the court holds in effect that the failure of the legislature to re-enact in the County Law, sec. 4 of tit. 4, ch. 12, pt. 1 of the Revised Statutes, which provided that “accounts for county charges of every description shall be presented to the board of supervisors of the county to be audited by them,” and declaring counties to be municipal corporations, and au- thorizing actions to be brought by and against them in the names of such counties, was for the express purpose of permitting the maintenance of an action against a county without first presenting the claim upon which the action is based to the board of supervisors for audit. The court said: “While it is true that sections 12 and 24 of the County Law, together with the other provisions thereof relating to the audit of accounts by the board of supervisors are not free from confusion, and « consistent system has not clearly been worked out, nevertheless it is reasonably clear that the revisers and the legislature intended to abolish the absolute requirement that accounts for county charges of every description must be presented to the board of supervisors to be audited by it, and to leave it optional with claimants on such accounts either to present them for audit to the CouNnTIES aS CORPORATIONS. 5 County Law, § 4. interested, by the supervisors thereof, or by the committees of their respective boards appointed for that purpose, subject. to the approval of such boards; and the debts shall be charged on each county, according to such apportionment. [County Law (L. 1892, ch. 66), § 4; Heydecker’s Gen. L. (2d ed.), p. 1201.] board of supervisors and obtain voluntary payment by the county of the amounts allowed on such audit, or, without such preliminary presentation for audit to bring an action against the county in the name of the county ‘in like cases as natural persons.’ By this construction of all the pro- visions of the County Law relating to the subject before us, an orderly system for the judicial determination and enforcement of claims by and against counties is established. The claimant may present his account for audit and voluntary payment, and may still compel audit by mandamus or have the proceedings reviewed by certiorari, or, at his option, he may at once bring action and have the amount of his claim originally determined by the courts; and, if successful, have payment thereof enforced by judgment and the remedies thereon.” The court in this case deemed the case of Freel v. County of Queens, 9 App. Div. 186; 41 N. Y. Supp. 68, modified and affirmed in 154 N. Y. 661, as a conclusive authority on the question. In this case a judgment was rendered in favor of the plaintiff upon a contract made by him with the supervisors for the improvement of highways. The appellate division on appeal reversed the judgment. The Court of Appeals modified the judgment of the trial term as to the amount and affirmed the judg- ment as modified. The question as to the right to maintain the action against the county was not raised by the defendant, but it, is difficult to believe that the case is not impliedly, at least, an authority in favor of the right of the claimant to sue the county as a corporation. It must be conceded, however, that the question whether a claim must be presented to the board of supervisors for audit before an action will lie thereon against the county, is still an open one. In the case of Albrecht v, County of Queens, 84 Hun, 399; 32 N. Y. Supp. 473, which arose subsequent to the enactment of the County Law, the court said: “From the earliest period in the history of the state to the present it has been neces- sary to present claims against the county to the board of supervisors for audit. With some unimportant exceptions dependent on special statutes, or where the claim was liquidated by the existence of a county obligation for a specific sum, suits could not be maintained against the county for claims or county charges. The remedy was by mandamus to the board of supervisors. If the claim was fixed by law so as to involve no discretion, a mandamus would lie to audit it at a specific amount. If the claim required the exercise of discretion or judgment, the audit was conclusive unless reversed on review, and could be attacked collaterally. By sec. 12, sub. 2, of the County Law, the same power is vested in the board of supervisors to annually audit all accounts against the county. If the plaintiff has a claim against the county it must be submitted to the board of supervisors.” 6 Counties; Boarps oF SUPERVISORS. Constitution, art, 3, § 56. CHAPTER II. ORGANIZATION, MEETINGS AND PROCEEDINGS OF BOARDS OF SUPERVISORS, Section 1. Constitutional provisions respecting supervisors. 2. Boards of supervisors; meetings and organization, 8. Penalty for failure of supervisor to perform official duties. 4. Compensation of supervisors as members of the board of super- visors; copying assessment-roll. 5. Acts and resolutions of boards of supervisors; form and con- tents; adoption; publication. 6. Proceedings of board of supervisors to be printed and dis- tributed; contents. 7. County records, boards of supervisors to have general charge of; copies may be made for public use; cost of copies. 8. Witnesses and county and town officers may be examined by board; books and papers may be inspected. 9. Powers of committee of board of supervisors as to hearings and examinations. 10. Adjournment of hearing or examination by board or committee; discharge of persons arrested for failure to appear. 1l. Filing and enforcement of undertaking given under preceding section. § 1. Constitutional provisions respecting supervisors. Section 26 of article 8 of the Constitution provides that: “There shall be in each county, except in a county wholly in- cluded in a city, a board of supervisors, to be composed of. such members and elected in such manner and for such period as is or may be provided by law. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municipal assem- bly, common council, board of aldermen or other legislative body of the city.”’ 1. Special act relating to Nassau county. The provisions of sec. 5 of L. 1898, ch. 588, that “the supervisors of the said towns of Oyster Bay, North Hempstead and Hempstead, elected at the annual town meetings held in 1898, shall constitute and are hereby declared to constitute the board of supervisors of the said county of Nassau,” is not in contravention of the above section of the constitution, in that it undertakes to appoint a board which the constitution says must be elected. It merely prescribes what town supervisors shall constitute the county board of supervisors, all of them being officers elected in their respective towns to act, not only in town affairs, but as members of the board of supervisors of the county to which the town belongs. Jatter of Noble, 34 App. Div. 55; 54 N. Y. Supp. 42. OreanizaTion, Mrretines anD PRocEEDINGS. 4 County Law, § 10. Section 27 of article 3 of the Constitution provides that: “The legislature shall, by general laws, confer upon the boards of supervisors of the several counties of the state such further powers of local legislation and administration as the legislature may, from time to time, deem expedient.” * § 2. Boards of supervisors; meetings and organization. The supervisors of the cities and town in each county, when lawfully convened, shall be the board of supervisors of the county.” They shall meet annually, at such time and place as they may fix, and may hold special meetings at the call of the clerk, on the written request of a majority of the board, and whenever re- quired by law.” A majority of the board shall constitute a 2. An act authorizing boards of supervisors to make local laws for the protection of shell fish is constitutional, Smith v. Levinus, 8 N. Y. 472; Hallock v. Dominy, 7 Hun, 52; as is an act authorizing w board of super- visors to fix the salary of a county treasurer. Board of Supervisors of Seneca County v. Allen, 99 N. Y. 532; 2 N. E. 459. While the legislature is prohibited from passing a local bill laying out, opening, etc., highways, it may confer such power on boards of supervisors. Town of Kirkwood v. Newbury, 122 N. Y. 571, 576; 26 N. E. 10; People ex rel. Morrill v. Supervisors, 112 N. Y. 585; 20 N. E. 549. 3. Power of board as to qualification of its members. When the question which settles the right of the claimant to the office of supervisor of a town has been substantially passed upon in his favor by the Court of Appeals, and he has received the certificate of election and has qualified, and has been awarded by the court, as acting supervisor, the custody of the books in the possession of his predecessor, the county board of supervisors has no power to determine a contest as to his seat and exclude him there- from, and its illegal action in so doing will be set aside. People ex rel. Bradley v. Board of Supervisors, 69 Hun, 406; 23 N. Y. Supp. 654. Where, after a supervisor had been declared elected and a certificate was given to him, a right of mandamus was granted directing the board of can- vassers to make a re-canvass and count certain paster ballots for his opponent, which was done, and the latter declared elected, it was held that the board of supervisors had no authority to determine that the former was entitled to his seat in the board. Williams v. Boynton, 71 Hun, 309; 25 N. Y. Supp. 60; affd., 147 N. Y. 426, in which case the Court of Appeals held that the supervisor who was seated by the board had no authority whatever to act as a member thereof. He had no right to vote, and a resolution which required his vote for its passage was never legally passed. 4. Meetings of board. Boards of supervisors are required to meet annually, but they may hold special meetings, and adjourn from time to time. People v. Stocking, 50 Barb. 573. 8 Counties; Boarps or SvuprERVISORS County Law, § 10. quorum.” They may adjourn from time to time, and their meet- ings shall be public. At the annual meeting they shall choose one of their number chairman for the ensuing year. In his absence at any meeting they shall choose a temporary chairman to serve during such absence. They shall appoint a clerk to serve during their pleasure, and until his successor is appointed, and shall fix his compensation.” They may compel the attendance of absent members at their meetings, make rules for the conduct of their proceedings, and impose and enforce penalties for the violation 5. Quorum of board. Whenever three or more public officers are given any power or authority, or three or more persons are charged with any public duty to be performed or exercised by them jointly or as a board or similar body, a majority of all such persons or officers at a meeting duly held at a time fixed by law, or by any by-law duly adopted by such board or body, or at any duly adjourned meeting of such meeting, or at any meeting duly held upon reasonable notice to all of them, may perform and exercise such power, authority or duty, and if one or more of such persons or officers shall have died or have become mentally incapable of acting, or shall refuse or neglect to attend any such meeting, a majority of the whole number of such persons or officers shall be a quorum of such board or body, and a majority of the quorum, if not less than a majority of the whole number of such persons or officers may perform and exercise any such power, authority or duty. Any such meeting may be adjourned by a less number than a quorum. A recital in any order, resolution or other record of any proceeding of such a meeting that such meeting had been so held or adjourned, or that it had been held upon such notice to the mem- bers, shall be presumptive evidence thereof. Statutory Construction Law (L. 1892, ch. 677), sec. 19. The provision of the statute declaring that a majority of the supervisors of any county shall constitute a quorum for the transaction of business cannot be altered by a rule of the board. People ex rel. Burrows v. Brinker- hoff, 68 N. Y. 259. 6. Clerk of board. The powers and duties of the clerk of the board of supervisors are prescribed by art. 3 of the County Law. See post, p. 78. It is customary for the clerk of the previous board of supervisors to call the board to order for the purpose of organization, and to hold office until his successor is elected. 7. The rules of board. By the above section a board of supervisors is authorized to pass rules regulating the business of the board. When it adopts a rule by which it intends to reserve the right to review and recon- sider its action at any time before final adjournment, a reconsideration of its action upon the sheriff’s claim, before issue of a certificate allowing it, is valid; and when, upon such reconsideration, the board indicates the specific items which it has disallowed or reduced, the error, if any, result- ing from the fact that the previous audit indicated no such items but only Oreanization, Mrrtines anp Procreprnes. 9 County Law, § 10. thereof, not exceeding fifty dollars for each offense. [County Law (L. 1892, ch. 686), § 10; Heydecker’s Gen. L. (2d ed)., p. 1202. ] the whole amount at which the bill was audited, is cured. People ex rel. Caldwell v. Supervisors, 45 App. Div. 42; 60 N. Y. Supp. 1122. Appointment of committees. It is customary for boards of super- visors, and bodies of like character, to divide their membership into com- mittees, to whom is given the special charge of the various matters brought before them for examination, and to report to the full board. These com- mittees are the hands and eyes of the board itself. It would be utterly impossible for each and every member to make a special examination for himself of all the matters that are brought before the board, and of each item in bills presented to it. It is not only the customary way, but it is a legal way of discharging their duties. See People ex rel. Caldwell v. Super- visors, 45 App. Div. 42; 60 N. Y. Supp. 1122. Rules and order of business. The rules as adopted in the several counties vary somewhat in their form and in the language used. The following rules are in force by adoption of the board of supervisors of the county of Chemung, and will be found complete and effective: 1. The annual meeting of the board of supervisors shall be held on the Monday after general election, at 10 a. m. 2. The clerk of the last board shall call the members to order, and they by a majority of their number, shall select a chairman, who shall preside at such meeting, and at all other meetings during the year. In case of the absence of the chairman at any meeting, or in case of a special meeting of such board before the annual meeting, the members present shall choose one of, their members as a temporary chairman; and in all cases of the absence of a quorum, the members present shall take such measures as shall be necessary to procure the attendance of absent members. The following standing committees shall be appointed by the chairman at the commencement of each annual session. First.—On Equalization—Eleven members whose duty it shall be to report on equalization of assessments. Sreconp.—On Poor House and Superintendent’s Report.—Five members who shall consider all claims arising from the support of the poor house or the poor of the county. Turrp.—On County Officers’ Accounts.—Three members who shall con- sider and examine the accounts of the county judge, surrogate and sheriff. FourtH.—On County Clerk and District Attorney’s Accounts.—Three mem- bers who shall consider and examine the accounts of the county clerk and district attorney. Frrtu.—On County Treasurer and Coroners’ Accounts._-Three members who shall consider and examine the accounts of the county treasurer and coroners. Also the condition of the U. 8. deposit fund and the accounts of the commissioners. . Srxtu.—On Coroners’ Jury Script and Physicians’ Accounts.——Three mem- bers who shall examine and consider the accounts of the physicians’ and coroners’ jury script. 10 Countigs; Boarps or SUPERVISORS. County Law, § 11. § 3. Penalty for failure of supervisor to perform official duties. if any supervisor shall refuse or neglect to perform any of the duties which are or shall be required of him by law, as a mem- SEVENTH.—On County Claims.—Three members who shall examine and report on all claims against the county, from any source, not properly brought before either of the preceding committees. E1cutH.—On Town Accounts.—Three members who shall examine all town accounts, and recommend the appropriations required for highway purposes, poor accounts and town audits. Nintu.—On Justices’ and Constables’ Accounts.—Three members who shall examine and report all claims of justices and constables against the county. TENTH.—On Special Legislation and Erroneous Assessments.—Three mem- bers to whom shall be referred all matters relating to erroneous assessments and taxation. ELEVENTH.—On Miscellaneous Accounts.—Five members who shall con- sider and recommend the appropriations required for the payment of the state tax, and other town and county charges. They shall also make a report of the assessments of corporations as found in the several assess- ment rolls. TwELFTH.—Grand Jury.—Three members to whom shall be referred all matters relating to grand jury. THIRTEENTH.—On Military Affairs—Three members to whom shall be referred all claims against the county, arising under the military code of the State of New York. FourRTEENTH.— mandate directed and delivered to a sheriff may be returned, by depositing the same in the post-office properly inclosed in a post- paid wrapper addressed to the clerk at the place where his office is situated; unless the officer making the return in the name of the sheriff resides in the place where the clerk’s office is situated.” [Idem, § 102.] 8. Duty as to service and return. It is the duty of the sheriff to use reasonable efforts to execute process, and he cannot rely upon mere casual information. Hinman v. Borden, 10 Wend. 367. A party in whose favor process is issued may give such directions to the sheriff as will not only excuse the sheriff from his general duty but bind him to the performance of what is required of him. Gregg v. Murphy, 73 Hun, 389; 28 N. Y. Supp. 556. He is subject at all times to the direction of the party in whose favor process is issued. Root v. Wagoner, 30 N. Y. 19. See, also, Douglas v. Haberstro, 88 N. Y. 611; Crouse v. Bailey, 2 N. Y. St. Rep. 395; Corning v. Southerland, 3 Hill, 502. Liability of sheriff; damages. Prima facie where a sheriff fails to return an execution within the required time he is liable for the amount of the debt, but he may show in mitigation of damages that the defendant 9 130 County OFFICERS. Code Civil Procedure, §§ 103, 104, 105. § 13. Liability of sheriff for neglect in serving process in special proceeding. A sheriff or other officer to whom is delivered for service or exe- cution a mandate authorized by law to be issued by a judge or other officer, in a special proceeding, who wilfully neglects to execute the same, may be fined by the judge, in a sum not exceed- ing twenty-five dollars, and is liable to the party aggrieved for his damages sustained thereby. [Code Cw. Proc. § 103.] § 14. Powers of sheriff in case of resistance to the service of mandate; names of resisters to be certified to court; sheriff may ask assistance; governor may order out militia. If a sheriff, to whom a mandate is directed and delivered, finds, or has reason to apprehend, that resistance will be made to the execution thereof, he may command all the male persons in his county, or as many as he thinks proper, and with such arms as he directs, including any military organization armed and equipped, to assist him in overcoming the resistance, and, if necessary, in arresting and confining the resisters, their aiders and abettors, to be dealt with according to law.” [Code Civ. Proc. § 104.] _ The sheriff must certify to the court, from which or by whose ‘authority the mandate was issued, the names of the resisters, their - aiders and abettors, as far as he can ascertain the same, to the end that they may be punished for their contempt of the court. [Idem, § 105.] therein had no property on which the execution could be levied. Pach v. Gil- bert, 17 Civ. Proc. R. 39; 7 N. Y. Supp. 336; affd., 124 N. Y. 612. ° On the failure to return an execution the sheriff is only liable for the damages sustained, and if it appears that there was only a small amount of leviable property, it is error to direct a verdict for the full amount of the execution. The sheriff is not bound to levy on property pointed out by the plaintiff though an indemnity is offered him, provided he acts in good faith and shows that the property did not belong to the defendant. Dolson v. Saa- ton, 11 Hun, 565. In an action against a sheriff, for neglecting to collect and return an exe- cution against the property, the plaintiff must show a valid judgment; but the sheriff cannot take advantage of a mere irregularity making the judgment only voidable. Forsyth v. Campbell, 15 Hun, 235; Dunford v. Weaver, 84 N. Y. 445. A sheriff cannot, in an action for damages, attack the form of the mandate given him for enforcement unless it is absolutely void. McDonald v. Kieferdorf, 22 Civ. Proc. R. 105; 18 N. Y. Supp. 763. An officer to whom an execution is delivered who extends the judgment debtor’s time for payment of the judgment debt beyond the time fixed for Suerirr anp Coroners; Powzrs anp Dotizs. 131 Code Civil Procedure, §§ 106, 107, 108. A person commanded by a sheriff to assist him, as prescribed in the last section but one, who, without lawful cause, refuses or neglects to obey the command, is guilty of a misdemeanor. [Idem, § 106.] If it appears to the governor, that the power of a county will not be sufficient tio enable the sheriff thereof to serve or execute the process or other mandates, deliverd to him, he must, on the appli- cation of the sheriff, order such a military force, from another county or counties, as is necessary. [Idem, § 107.] § 15. Trial by sheriff of claim of title to property seized by him; jurors, how summoned; examination of witnesses; pay- ment of fees. Where it is specially prescribed by law, that' a sheriff must, or may, in his discretion, empanel a jury to try the validity of a claim of title to, or of the right of possession of goods or effects, seized by him by virtue of a mandate in an action, interposed by a person not a party to the action, the trial must be conducted in the following manner, except as otherwise specially prescribed by law: 1. The sheriff must, from time to time, notify as many per- sons to attend, as it is necessary, in order to form a jury of twelve persons, qualified to serve as trial jurors in the county court of the county, or, in the city and county of New York, in the Supreme Court, to try the validity of the claim. the return of the execution, and, without consultation with the judgment creditor or her attorney, procures the renewal of the execution, is liable for damages sustained by the subsequent disappearance of the judgment debtor. 9. Sheriff may call for assistance. The fact that an officer had not, at the time of summoning the power of the county, a sufficient cause for sum- moning them, does not affect the duty of the persons summoned, if, when they come together, resistance is offered to his executing the process; nor does it affect the liability of those who make or cause resistance except as to damages. Slater v. Wood, 9 Bosw. 15. The sheriff may call on others to assist him and leave them to watch while he goes for further assistance. He is deemed constructively present so as to justify the others making an arrest. Coyles v. Hurtin, 10 Johns. 85. One who, being called upon by an officer to assist him, does so, acts at his own peril; if the officer has authority to do the act in which the person is called upon to assist, such person is bound to obey, and if he neglects or re- fuses, he is guilty of a misdemeanor; but if the officer is not so authorized, the person who obeys him is a trespasser. Hider v. Morrison, 10 Wend. 128. 132 County OFFICERS. Code Civil Procedure, §§ 109, 182. 2. Upon the trial, witnesses may be examined, in behalf of the claimant, and of the party, at whose instance the property claimed was taken by the sheriff. For the purpose of compelling a witness to attend and testify, the sheriff, upon the application of either party to the inquisition, must issue a subpeena, as prescribed in section eight hundred and fifty-four of this act, and with like effect; except that a warrant to apprehend or commit a witness, in a case specified in section eight hundred and fifty-five or sec- tion eight hundred and fifty-six of this act, may be issued by a judge of the court in which the action is brought, or by the county judge. 3. The sheriff or under-sheriff must preside upon the trial. A witness, produced by either party, must be sworn by the pre- siding officer, and examined orally in the presence of the jury. A witness, who testifies falsely upon such an examination, is guilty of perjury in a like case, and is punishable in like manner, as upon the trial of a civil action. [Code Civ. Proc. § 108.] Upom such a trial there are no costs; but the fees of the sheriff, jurors, and witnesses must be taxed, by a judge of the court, or the county judge of the county, and must be paid as follows: 1. If the jury, by their verdict, find the title, or the right of possession to the property claimed, to be in the claimant; by the party at whose instance the property was taken by the sheriff. 2. If they find adversely to the claimant, with respect to all the property claimed ; by the claimant. 3. If they find the title, or the right of possession to only a part of the property claimed, to be in the claimant; each party must pay his own witnesses’ fees; and the sheriff’s and jurors’ fees must be paid, one-half by each party to the inquisition. Before notifying the jurors, the sheriff may, in his discretion, require each of the parties to the controversy to deposit with him such reasonable sum, as may be necessary to cover his legal fees, and the jurors’ fees. The sheriff must return tio each party the balance of the sum so deposited by him, after deducting his fees, lawfully chargeable to that party, as prescribed in this section. [Zdem, § 109.] § 16. Certificate of new sheriff; certificate to be served upon old sheriff. Where a new sheriff has been elected or appointed, and has qual- ified and given the security required by law, the clerk of the SuerRirF anp Coroners; Powxzrs anp Dutius. 133 Code Civil Procedure, §§ 183, 184, 188. county must furnish to the new sheriff a certificate, under his hand and official seal, stating that the person so appointed or elected, has so qualified and given security. [Code Civ. Proc. § 182. ] Upon the commencement of the new sheriff’s term of office, and the service of the certificate on the former sheriff, the latter’s pow- ers as sheriff cease, except as otherwise expressly prescribed by law. [Idem, § 183.] § 17. Former sheriff to deliver books, papers, etc., to new sheriff ; proceedings to compel delivery. Within ten days after the service of the certificate, upon the former sheriff, he must deliver to his successor: 1. The jail, or if there are two or more, the jails of the county, with all their appurtenances, and the property of the county therein. 2. All the prisoners then confined in the jail or jails. 3. All process, orders, commitments, and all other papers and documents, authorizing or relating to the confinement or custody of a prisoner, or, if such a process, order or commitment has been returned, a statement in writing of the contents thereof, and when and where it was returned. 4. All mandates, then in his hands, except such as he has fully executed or has begun to execute, by the collection of money thereon, or by a seizure of or levy on money or other property, in pursuance thereof. [Code Civ. Proc. § 184.] If the former sheriff neglects or refuses to deliver to his suc- cessor, the jail, or any of the property, documents or prisoners in his charge, as prescribed in this title, his successor must, notwith- stianding, take possession of the jail, and of the property of the county therein, and the custody of the prisoners therein confined, and proceed to compel the delivery of the documents withheld, as prescribed by law. [Idem, § 188. ] § 18. Duties of former sheriff upon new sheriff taking his office. At the time of the delivery, the former sheriff must execute an instrument, reciting the property, documents and prisoners deliv- ered, specifying particularly the process or other authority, by which each prisoner was committed and is detained, and whether the same has been returned or is delivered to the new sheriff. The 134 County OFFICERS. Code Civil Procedure, §§ 185, 186, 187, 189. instrument must be delivered to the new sheriff, who must acknowledge, in writing, upon a duplicate thereof, the receipt of the property, documents and prisoners therein specified; and deliver such duplicate and acknowledgment to the former sheriff. -[Code Civ. Proc., § 185.] Notwithstanding the election or appointment of a new sheriff, the former sheriff must return, in his own name, each mandate which he has fully executed; and must proceed with and complete the execution of each mandate which he has begun to execute in the manner specified in subdivision fourth of the last section but one.” [ Idem, § 186.] Where a person, arrested by virtue of an order of arrest, is con- fined, either in jail, or to the liberties thereof, at the time of assigning and delivering the jail to the new sheriff, the order, if it is not then returnable, must be delivered to the new sheriff, and be returned by him at the return day thereof, with the proceed- ings of the former sheriff and of the new sheriff thereon. [Idem, § 187.] § 19. Under-sheriff or coroner, when to comply with fore- going provisions. If, at the time when a new sheriff qualifies, and gives the security required by law, the office of the former sheriff is executed by his under-sheriff, or by a coroner of the county, or a person specially authorized for that purpose, he must comply with the provisions of this title, and perform the duties thereby required of the former sheriff." [Code Civ. Proc., § 189.] 10. Powers of sheriff after expiration of office. The above section of the code requires an outgoing sheriff to complete the execution of each mandate which he has begun to execute by the collection of money thereon, or by seizure of or levy on money or other property in pursuance thereof. See Wood v. Colvin, 5 Hill, 228; Averill v. Wilson, 4 Barb. 180; Richards v. Proter, 7 Johns. 137. A judgment of foreclosure directing the sale of mortgaged premises is a “mandate,” and an advertisement of the premises for sale is a “seizure.” Where « sheriff had, before the expiration of his term of office, advertised premises for sale upon a day after his term expired, it was held that he had authority and was bound to complete the sale. Union Dime Savings Inst. v. Anderson, 83 N. Y. 174; affg. 19 Hun, 310. 11. Liability of under-sheriff. Where a sheriff dies, who, at the expiration of his term, has process not fully executed, his late under-sheriff is substituted for him, assumes all his duties and liabilities, and is personally liable, although the sureties of the late sheriff may be also liable. Newman ». Beckwith, 61 N. Y. 205. Suerizr anp Coroners; Powers anp Douriss. 135 Penal Code, §§ 114, 115, 116. § 20. Injury to records and misappropriation by ministerial officers. A sheriff, coroner, clerk of a court, constable or other min- isterial officer, and every deputy or subordinate of any ministerial ’ officer, who either 1. Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office; or, 2. Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property intrusted to him in virtue of his office, is guilty of felony. [Penal Code, § 114.] § 21. ‘Sheriffs and others permitting escapes or refusing to receive prisoners. A sheriff, coroner, clerk of a court, constable or other min- isterial officer and every deputy or subordinate of any ministerial officer, who either 1. Receives any gratuity or reward, or any security or promise of one, to procure, assist, connive at, or permit any prisoner in his custody to escape, whether such escape is attempted or not; or, 2. Commits any unlawful act tending to hinder justice, is guilty of a misdemeanor. [Penal Code, § 115.] An officer who, in violation of a duty imposed upon him by law to receive a person into his official custody, or into a prison under his charge, willfully neglects or refuses so to do, is guilty of a misdemeanor. [Jdem, § 116.] 136 County OFFICERS. County Law, § 183. CHAPTER XI. COUNTY JAILS, Section, 1. Sheriffs to have custody of jails. 2. Number of rooms in county jail. 8. Custody and control of prisoners; civil prisoners to be kept separate; women not to be kept in same room with men; communication with counsel, etc. . Prisoners to be furnished with wholesome food; employment of prisoners. . Prisoners to be furnished with reading matter. . Record of commitments and discharges, what to state. . United States prisoners to be received. . Calendars of names of prisoners, etc., to be presented to court. 9. Prisoners to be discharged if not indicted. 10. Suspension of habeas corpus during term of court. 11. Prisoner to be discharged if unable to pay fine. 12. Houses of detention for women, children and witnesses. 13. Boards of supervisors may establish and maintain county work- houses. 14, Who may visit jails and workhouses. 15. Board of supervisors to appoint jail physician. 16. Sale of liquors in jails; permit for use of liquors; penalties. 17. Service of papers in civil action to be made on prisoner in jail. 18. Removal of prisoner in case of an emergency. 19. Designation of jail of other county or other place in same county as a county jail; modification or revocation of designation; copy of designation to be served. 20. Jail liberties, when designation is made. 21. Revocation of designation. i» atan § 1. Sheriffs to have custody of jails. Each sheriff shall have the custody of the jails of his county and the prisoners therein and such jails shall be kept by him, or by keepers appointed by him, for whose acts he shall be responsi- ble.” [County Law (L. 1892, ch. 686), § 183; Heydecker’s Gen. L. (2d ed.), p. 1247.] 1. Duties of state commissioners of prisons as to jails. The state commission of prisons was created by L. 1895, ch. 1026, pursuant to the authority conferred upon the legislature by section 11 of art. 8 of the Con- stitution, which authorizes the legislature to provide for a “state commis- sion of prisons, which shall visit and inspect all institutions used for the detention of sane adults charged with or convicted of crime, or detained as witnesses or debtors.” Sections 2, 5, 6 and 7 of such act (L. 1895, ch. 1026), have reference to the duties of such commission in connection with county jails and are here inserted in full. County JAILs. 137 County Law, § 91. § 2. Number of rooms in county jail. Each county jail shall contain, 1. A sufficient number of rooms for the confinement of persons committed on criminal process, or detained for trial, or examina- tion as witnesses in a criminal case, separately from prisoners un- der sentence; 2. A sufficient number of rooms for the separate confinement of persons committed on civil process, or for contempt; 3. A sufficient number of rooms for the solitary confinement of prisoners under sentence. [County Law (L. 1892, ch. 686), § 91; Heydecker’s Gen. L. (2d ed.), p. 1229.] Powers and duties of commission. It shall be the duty of said commission to visit and inspect all institutions used for the detention of sane adults charged with or convicted of crime, or detained as witnesses or debtors; to aid in securing the just, humane and economic administration of all said in- stitutions subject to its inspection; to aid in securing the erection of suitable buildings for the accommodation of the inmates of such institutions, and to approve or reject plans for their construction or improvement; to investigate the management of all institutions made subject to the visitation of said com- mission and the conduct and efficiency of the officers or persons charged with their management; to secure the best sanitary conditions of the buildings and grounds of all such institutions, and to protect and preserve the health of the inmates; to collect statistical information in respect to the property, receipts and expenditures of said institutions, the number and condition of the inmates thereof; and to ascertain and recommend such system of em- ploying said inmates as may, in the opinion of said commission, be for the best interest of the public and not in conflict with the provisions of the Con- stitution relating to the employment of prisoners. IL. 1895, ch. 1026, sec. 2. Inspection and investigation of institutions. Said commission or any of said commissioners, or its secretary, if authorized by it, is authorized to visit and inspect any of said institutions, subject to its visitations, and may take and hear testimony or proofs in relation to any matter before it or him upon any visit, inspection or examination made by such commission or member thereof, and the said commission or any member thereof, shall have full ac- cess to persons, grounds, buildings, books and papers relating thereto, and may require from the officers and pefsons in charge any information it or he may deem necessary in the discharge of its or his duties. Said commission may prepare regulations according to which and provide blanks and forms upon which, such information shall be furnished in a clear, uniform and prompt manner for the use of said commission. Said commission shall make an annual report to the legislature, in January in each year, in which it shall give the results of its work and such information as it deems proper relating to said institutions, and its opinions and conclusions relating to the same. Idem, sec. 5. Penal institutions to report to commission.—The warden of every prison, the superintendent or manager of every penitentiary, the keeper of every jail or other institution used for the detention of sane adults charged with or 138 County OFFICERS. County Law, § 92. § 3. Custody and control of prisoners; civil prisoners to be kept separate; women not to be kept in same room with men; communication with counsel, etc. Each sheriff shall receive and safely keep in the county jails of his county, every person lawfully committed to his custody, for safe-keeping, examination, or trial, or as a witness, or committed or sentenced to imprisonment therein, or committed for contempt. He shall not, without lawful authority, let any such person out of jail. Persons in custody on civil process, or committed for con- tempt, or detained as witnesses, shall not be put or kept in the same room with persons detained for trial, or examination upon a criminal charge, or with convicts under sentence. Persons de- tained for trial or examination upon a criminal charge, shall not be put or kept in the same room with convicts under sentence. convicted of crime or detained as witnesses or debtors shall on or before the first day of November in each and every year report to the state commission of prisons the number of male and female persons charged with crime and awaiting trial, the number convicted of crime, the number detained as wit- nesses, and as debtors, in his custody on the first day of October last past, together with a statistical exhibit of the number of admissions, discharges and deaths which have occurred within the past year, the nature of the charge, the period of detention or sentence, and such other facts and informa- tion as the commission may require. Idem, sec. 6. Refusal to admit commissioners; compulsory process.—Any officer, super- intendent or employe of any of said penal institutions who shall refuse to admit said commission or any of said commissioners or its secretary or other | authorized agent for the purpose of visitation or inspection, or shall refuse or neglect to furnish the information required by the said commission or any member thereof, or its secretary, shall be guilty of a misdemeanor, and sub- ject to a fine of one hundred dollars for each such refusal or neglect. The rights and powers hereby conferred may be enforced by an order of the Supreme Court. In making investigations as herein empowered said com- mission or any member thereof is hereby empowered to issue compulsory pro- cess for the attendance of witnesses and the production of papers, to ad- minister oaths, and to examine persons,under oath and to exercise the same powers as belong to referees appointed by the court. Idem, sec. 7. Erection of jails. The board of supervisors may borrow money for the erection of county buildings and for the purchase of sites therefor, and may acquire, by purchase or otherwise, necessary real property for county jails, and may erect on such real property necessary buildings for the use of-a jail. See County Law, sec. 12, subs. 6, 13, ante, pp. 46, 49. If the county owns a site with a building thereon, it may appropriate a part of such building as a jail. Roach v. O'Dell, 33 Hun, 320; affd. 99 N. Y. 635. The board of supervisors has authority to direct the purchase of such articles of furniture as are necessary to properly equip and furnish the county jail, and an account for County JAILS. 139 County Law, § 92. A woman detained in jail upon a criminal charge, or as a con- vict under sentence, shall not be kept in the same room with a man; and if detained on civil process, or for contempt, or as a witness, she shall not be put or kept in the same room with a man, except with her husband, in a room in which there are no other prisoners. All persons confined in a county jail shall, as far as practicable, be kept separate from each other, and shall be allowed to converse with their counsel, or religious adviser, under such reasonable regulations and restrictions, as the keeper of the jail may fix. Convicts under sentence shall not be allowed to converse with any other person, except in the presence of a, keeper. The keeper may prevent all other conversation by any other prisoner in the jail, when he shall deem it necessary or proper.” (County Law (L. 1892, ch. 686), § 92; Heydecker’s Gen. L. (2d ed.), p. 1229.] articles so purchased is a proper county charge. Schenck v. Mayor, etc., of New York, 67 N. Y. 44. Buildings used as jails. It is provided in the Code of Civil Procedure, secs. 121, 122, that: “The buildings, now used as the jails of other counties of the state, shall continue to be the jails of those counties respectively until other buildings have been designated or erected for that purpose, according to law; and the sheriff of each county shall have the custody of the jail or jails of his county, and of the prisoners in the same.” Sec, 122 provides that: “The sheriff of a county, in which there is more than one jail, may confine a prisoner in either; and may remove him from one jail to another, within the county, whenever he deems it necessary for his safe keeping, or for his appearance in court.” 2. Separation of prisoners; code provisions. Section 123 of the Code of Civil Procedure provides that: “A prisoner, arrested in a civil case, must not be kept in a room in which any prisoner, detained on a criminal charge or conviction is confined.” Section 124 provides that: “Male and female prisoners must not be put in the same room; except that a husband and his wife may be put or kept together, in 4 room wherein there are no other prisoners.” And in section 125 it is provided that: “A sheriff or other officer, who willfully violates any of the foregoing provisions of this title, forfeits to the person aggrieved treble damages. He is also guilty of a mis- demeanor, and ‘shall be punished accordingly. A conviction also operates as a forfeiture of his office.” Liability of sheriff for injuries to prisoner. The case of Gunther v. Johnson, 36 App. Div. 437; 55 N. Y. Supp. 869, was where a prisoner, while confined in the county jail to await the action of the grand jury under a charge of grand larceny, and, while in the custody of the sheriff of the county, had an altercation with a prisoner who had been committed to the jail as a vagrant; on the following morning when the prisoners were allowed the liberty of the corridor of the jail, no keeper being present, the quarrel 140 County OFFICERS. County Law, § 93. § 4. Prisoners to be furnished with wholesome food; employ- ment of prisoners. Prisoners detained for trial, and those under sentence, shall be provided with a sufficient quantity the county ‘reasurer, as hevein required. All moneys belonging to any town or city in such county, which shall be re- ceived by the county treasurer, shall be distributed to the several towns or cities entitled to the same, by resolution of the board of supervisors, which shall be entered in the minutes of its proceed- ings. [County Law (L. 1892, ch. 686), § 234; Heydecker’s Gen. L. (2d ed.), p, 1261.] § 3. Official seals of counties, boards of supervisors, county treasurers and registers. The official seals of boards of supervisors of the several coun- ties, county seal, county treasurer’s seal, surrogate’s seal, and the seal of the register of deeds, shall continue to be the official seals, respectively, of such boards, county treasurer, surrogate, and regis- ter of deeds, and used as such, respectively, when authorized by law. When any such seal shall be lost, destroyed, or become unfit for use, the board of supervisors of the county interested therein or not having such seal, shall cause a new seal or seals to be made at the expense of the county. A description of each of such seals, together with impressions therefrom, shall be filed in the office of the county clerk and the office of the secretary of state, unless it has already been done. In counties having two county seats, a 2. The effect of this section is to supersede the provisions of the Buffalo city charter (L. 1891, ch. 105, sec. 385), directing the keeper of the Erie county penitentiary to pay over such fines as he should collect to the city treasurer of Buffalo. The keeper of the Erie county penitentiary is a county officer, and the provisions of the above section of the County Law are applicable to him. See City of Buffalo v, Neal, 86 Hun, 76; 33 N. Y. Supp. 346. 180 County OFFICERS. County Law, § 236. duplicate of the county seal shall be procured and kept at the county seat where the county clerk’s office is not situated, at some place to be designated by the county clerk, and may be used by him the same as at his office” [County Law (L. 1892, ch. 686), § 235; Heydecker’s Gen. L. (2d ed.), p. 1261.] § 4. Official oaths of county officers. Elective officers shall be chosen at general elections. A person in office, when this act takes effect, shall continue to hold the same until the expiration of the term for which he was elected or ap- pointed; and a person thereafter elected to any such office on or before entering wpon the duties thereof, and a person thereafter appointed to any such office within ten days after notice thereof, and before entering upon the duties of his office, shall take and subscribe before the county clerk, or county judge of the county, the constitutional oath of office; and the same, with his certificate of election or appointment, shall be immediately filed in the office of the county clerk.“ [County Law (L. 1892, ch. 686), § 236; Heydecker’s Gen. L. (2d ed.), p. 1262.] 3, County seal. It is provided by section 27 of the Code of Civil Proce- dure that the seal “kept by the county clerk of each county, shall continue to be the seal of the Supreme Court of that county, and, except in the city and county of New York, of the County Court in that county.” Section 28 of the Code of Civil Procedure provides that: ‘The seal kept by the county clerk as prescribed in the last section, shall continue to be the seal of the county, and must be used by him where he is required to use an official seal.” The expense of a new seal for the county clerk or a surrogate’s court, must be paid as a part of the contingent expenses for the county. See Code Civ. Proc., sec. 30. How seal impressed on instruments. A sea! of a court, public officer or corporation, may be impressed directly upon the instrument or writing to be sealed, or upon a wafer, wax or other adhesive substance affixed thereto, or upon paper or other similar substance affixed thereto by mucilage or other adhesive substance. See Statutory Construction Law, sec. 13. 4. Official oaths. ll elective or appointive county officers are required to take the constitutional oath of office. The Constitution (art. 13, sec. 1), provides that: ‘All officers, executive and judicial, except such inferior officers as shall be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office according to the best of my ability; and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and sub- Provisions APPLICABLE TO County OFFICERS. 181 County Law, § 237. § 5. General provisions relating to official bonds and under- takings. Every undertaking required by this chapter must be executed by the officer or person in whose behalf it is given, and his sureties, and duly acknowledged or proven and certified, and the approval in- dorsed thereon. The parties executing the same shall be jointly and severally liable, regardless of its form in that respect, for the dam- ages sustained by reason of a breach thereof.’ scribe the oath or affirmation above prescribed, together with the. following addition thereto, as part thereof: “And I do further solemnly swear (or affirm) that I have not directly or in- directly paid, offered or promised-to pay, contributed, or offered or promised to contribute any money, or other valuable thing as a consideration or re- ward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote,” and no other oath, declaration or test shall be required as a qualification for any office of public trust. The Public Officers Law, sec. 10, provides that an official oath “may be ad- ministered by an officer authorized to take within the state, the acknowledge- ment of the execution of a deed of real property.” This provision applies generally to all officers where no other provision is made by law. The above section requires the oath to be taken and subscribed before the county clerk or county judge of the county, which undoubtedly controls the taking of the official oath by a county officer. Failure to take éath. The county clerk is required to give notice to ‘the governor of all county officers who have failed to file their oath of office or official undertaking. See County Law, sec. 161, sub. 4, ante, p. 102; see, also, Public Officers Law, sec. 13. It is provided in section 20 of the Public Officers Law that every office shall be vacant upon the refusal or neglect of an officer to file his official oath upon or within fifteen days after the commencement of the term of offite for which he is chosen, if an elective office, or if an appointive office, within fifteen days after notice of his appointment, or within fifteen days after the commencement of his term. Notwithstanding the provisions of the statute that upon a refusal or neg- lect. of a public officer to file his oath the office becomes vacant, it has been held repeatedly that the omission of the oath within the required time did not, ipso facto, vacate the office, but at most made the officer’s title to the office defeasible, and afforded cause for forfeiture. See Cronin v. Stoddard, 97 N. Y. 271, 274; People ex rel. Woods v. Crissey, 91 N. Y. 616, 635; People en rel. Brooks v. Watts, 73 Hun, 404, 407; 26 N. Y. Supp. 280; Matter of Taylor, 25 Abb. N. C. 143; see, also, Matter of Drury, 39 Misc. 288; 79 N. Y. Supp. 498. 5. Effect of oficial undertaking. Every official undertaking must be to the effect that the officer will faithfully discharge the duties of his office and promptly account for and pay over moneys or property received by him 182 County OFFICERS. County Law, § 237. Every officer or board required to approve an undertaking may examine each surety thereto under oath, and shall not approve the same unless the sureties are freeholders of the state and jointly worth over and above their debts and liabilities at least double a sum which such officer or board may fix upon and insert in the un- dertaking as reasonably sufficient to indemnify the county, and every person who may be or become interested therein, or in any breach thereof.’ Official bonds and undertakings, including the bonds of executors, administrators, guardians and trustees, required by law to be filed in the office of the county clerk or surrogate, shall also be recorded in such offices respectively, in a book to be provided and kept in each of such, offices, to be designated “book of official bonds and undertakings.” The county clerk and surrogate’s clerk shall re- as such officer in accordance with law, or in default thereof, that the parties executing such undertaking will pay all damages, costs and expenses result- ing from such default, not exceeding a sum, if any, specified in such under- taking. See Public Officers Law, sec. 11. Approval of undertaking. Such section of the Public Officers Law provides that: “The undertaking of a municipal officer shall, if not other- wise provided by law, be approved as to its form and the sufficiency of the sureties by the chief executive officer, or by the governing body of the muni- cipality, and be filed with the clerk thereof. The approval by such govern- ing body may be by resolution, a certified copy of which shall be attached to the undertaking. The governing body of a county is thé board of supervisors.” It would seem, therefore, that where no provision is made by law for the approval of an official undertaking by a county officer that the board of supervisors may, by resolution, approve such undertaking. 6. Sureties. Section 11 of the Public Officers Law also provides that: “Every official undertaking shall be executed and duly acknowledged by at least two sureties, each of whom shall add thereto his affidavit that he is a freeholder or householder within the state, stating his occupation and resi- dence and the street ‘number of his residence and place of business, if in a city, and the sum which he is worth over and above his just debts and liabilities and property exempt from execution. The aggregate of the sums so stated in such affidavits must be at least double the amount specified in the undertaking. The failure to execute an official undertaking in the form or by the number of sureties required by or in pursuance of law, or of a surety thereto to make an affidavit required by or in pursuance of law, or in the form so required, or the omission from such an undertaking of the ap- proval required by or in pursuance of law, shall not affect the liability of the sureties therein.” Force and effect of official undertaking. Section 12 of the Public Officers Law provides that: “An officer of whom an official undertaking is required, shall not receive any money or property as such officer, or do any Provisions APPLICABLE TO County OFFICERS. 183 Public Officers Law, § 23. spectively be entitled to the same fees for such recording, as are allowed to county clerks for recording conveyances, except that, in counties where the surrogate’s clerk is a salaried officer he shall not be entitled to any fee for such services. [County Law (L. 1892, ch. 686), § 237; Heydecker’s Gen. L. (2d ed.), p. 1262.] § 6. Certain county officers may be removed by governor. An officer appointed by the governor for a full term or to fill a vacancy, any county treasurer, any county superintendent of the poor, any register of a county, any coroner or any notary public, may be removed by the governor within the term for which such officer shall have been chosen, after giving to such officer a copy of the charges against him and an. opportunity to be heard in his defense.’ [Public Officers Law (L. 1893, ch. 681), § 23, as amended by L. 1899, ch. 238, L. 1902, ch. 91, and L. 1903, ch. 128; Heydecker’s Gen. L. (2d ed.), p. 459.] act affecting the disposition of any money or property which such officer is entitled to receive or have the custody of, before he shall have filed such undertaking; and any person having the custody or control of any such money or property shall not deliver the same to any officer of whom an undertaking is required until such undertaking shall have been given. If a public officer required to give an official undertaking, enters upon the dis- charge of any of his official duties before giving such undertaking, the sureties upon his undertaking subsequently given for or during his official term shall be liable for all his acts and defaults done or suffered, and for all moneys and property received during such term prior to the execution of such undertaking, or if a new undertaking is given, from the time notice to give such new undertaking is served upon him. Every official undertaking shall be obligatory and in force so long as the officer shall continue to act as such and until his successor shall be appointed and duly qualified, and until the conditions of the undertaking shall have been fully performed. When an official undertaking is renewed pursuant to law the sureties upon the former undertaking shall not be liable for any official act done or moneys received after the due execution, approval and filing of the new undertak- ing.” . The constitution authorizes the governor to remove a sheriff, county clerk, district attorney and register in a county having a register, within the term for which he shall have been elected, giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. See Constitution, art. 10, sec. 1. The governor may remove a sheriff ap- pointed by him to fill a vacancy caused by the removal of a sheriff elected by the people, although no charges are preferred against the sheriff so ap- pointed and afterwards removed by him. See People ew rel. Faxton v. Parker, 6 Hill, 49. 184 County OFFICERs. Public Officers Law, §§ 24, 25. § 7. Evidence in proceedings for removal by governor. The governor may take the evidence in any proceeding for the removal by him of a public officer or may direct that the evidence be taken before a justice of the supreme court of the district, or the county judge of the county, in which the officer proceeded against shall reside, or before a commissioner appointed by the governor for that purpose by an appointment in writing, and in the office of the secretary of state. The governor may direct such judge or commissioner to report to him the evidence taken. in such proceed- ing, or the evidence and the findings by the judge or commissioner of the material facts deemed by such judge or commissioner to be established. The commissioner or judge directed to take such evidence may require witnesses to attend before him, and shall issue subpoenas for such witnesses as may be requested by the officer pro- ceeded against. . The governor may direct the attorney-general, or the district attorney of the county in which the officer proceeded against shall reside to conduct the examination into the truth of the charges alleged as ground for such removal. If the examination shall be before a commissioner or judge, it shall be held at such place in the county in which the officer proceeded against shall reside as the commissioner or judge shall appoint, and at least eight days after written notice of the time and place of such examination shal] have been given to the officer proceeded against. All sheriffs, coroners, constables and marshals to whom process shall be directed and delivered under this section shall execute the same without unnecessary delay.” [Public Officers Law (L. 1892, ch. 681), § 24+; Heydecker’s Gen. L. (2d ed.), p. 459.] § 8. Order of removal of officer, how made and where filed. Every removal of an officer by one or more state officers, shall be in written duplicate orders, signed by the officer, or by all or a majority of the officers, making the removal, or if made by a body or board of state officers may be evidenced by duplicate certified copies of the resolution or order of removal, signed either by all or by a majority of the officers making the removal, or by the presi- dent and clerk of such body or board. Both such duplicate orders or certified copies shall be delivered to the secretary of state, who shall 8. The expenses of proceedings brought before the governor for the removal of a county officer are a county charge. See County Law, sec. 230, sub. 16, ante, p. 39. Provisions APPLICABLE to CounTy OFFICERS. 185 Public Officers Law, § 25. + record in his office one of such duplicates, and shall, if the officer removed is a state officer, deliver the other to such officer by mes- senger, if required by the governor and otherwise by mail or as the secretary of state shall deem advisable, and shall, if directed by the governor, cause a copy thereof to be published in the state papers. If the officer removed be a local officer, he shall send the other of such duplicates to the county clerk of the county in which the officer removed shall have resided at the time he was chosen to the office, and such clerk shall file the same in his office, and forthwith notify the officer removed of his removal. [Public Officers Law (L. 1892, ch. 681), § 25; Heydecker’s Gen. L. (2d ed.), p. 460.] PART ITI. Towns, Town Mzetines anp Town OFFicers. CHAPTER XVI. TOWNS; ERECTION AND ALTERATION, Section. 1. Town, a municipal corporation. 2. Alteration and erection of towns by boards of supervisors; appli- eation therefor; notice to be posted and published; name of new town. 3. Time and place of holding first election in new town; term of office of town officer not to be abridged. 4, Establishment of disputed lines; application therefor; notice to be published and served upon town officers; resolution to be filed in office of secretary of state. 5. Disposition of town property, upon alteration of town bound- aries; when property to be sold; duties of town boards re- specting sale; cemetery not to be sold or divided. 6. Debts to be apportioned according to amount of taxable property ; collection of unpaid taxes in such towns. 7. Meetings of town boards for disposition of property and appor- tionment of debts to be called by supervisor; action to en- force settlement. § 1. Town, a municipal corporation. A town is a municipal corporation comprising the inhabitants within its boundaries, and formed for the purpose of exercising such powers and discharging such duties of local government and: administration of public affairs as have been, or may be conferred or imposed upon it by law.’ [Town Law (L. 1890, ch. 569), § 2; Heydecker’s Gen. L. (2d ed.), p. 1400.] 1. Towns as corporations. The tendency of legislation during the past few years has been to change the charactér and capacity of the simple town- ship of former days. Judge Denio, in the case of Lorillard v. Town of Mon- roe, 11 N. Y. 392, said: “The'’several towns in this state are corporations for certain special and very limited purposes, or, to speak more accurately, they have a certain limited corporate capacity. They may purchase and hold lands within their own limits for the use of their inhabitants. They may as a corporation make such contracts and hold such personal property as may be necessary to the exercise of their corporate or administrative powers, and they may regulate and manage their corporate property, and as a necessary (187) 188 Towns, Town Meetines anp Town OFFICERS. County Law, § 34. § 2. Alteration and erection of towns by boards of super- visors; application therefor; notice to be posted and published; name of new town. Any such board [of supervisors] may, at an annual meeting thereof, by a vote of two-thirds of all the members elected thereto, on the application of at least twelve freeholders of each of the towns to be affected, divide or alter the bounds of any town in the county, or erect a new town therein. Notice of such appli- cation, signed by such freeholders, shall be posted in five con- spicuous public places in each of such towns for four weeks next preceding the presentation of such application to the board; and incident may sue and be sued where the assertion of their corporate rights or the enforcement against them of their corporate liabilities shall require such proceedings. In all other respects—for instance, in everything which concerns the administration of civil or criminal justice, the preservation of the public health and morals, the conservation of highways, roads and bridges, the relief of the poor, and the assessment and collection of taxes, the several towns are political divisions, organized for the convenient exercise of portions of the political power of the state, and are no more corporations than the judicial, or the senate and assembly districts.” See, also, Town of Gallatin v. oucks, 21 Barb. 578; Godfrey v. Queens County, 89 Hun, 18; 34 N. Y. Supp. 1052. But the legislature in imposing liabilities and obligations, and correspond- ing duties upon a town, have made it something different from a mere politi- cal division of the state and brought it in character and capacity nearer to a municipal corporation. Horn v. Town of New Lots, 83 N. Y. 100, 107. Powers of towns as corporations. Towns as municipal corporations are materially different in their powers from business corporations. Busi- ness corporations, unless restrained by their charter, possess the power to borrow money and issue securities therefor. Generally they could not carry on their authorized and legitimate business without such a power, and hence it must be presumed that the legislature intended that they should possess it; but towns and other municipal corporations are organized for govern- mental purposes, and their powers are limited and defined by the statutes under which they are constituted. They possess only such powers as are ex- pressly conferred or necessarily implied. Wells v. Town of Salina, 119 N. Y. 280, 287; 23 N. E. 870. See, also, Morey v. Town of Newfane, 8 Barb. 645; Town of Lyons v. Cole, 3 T. & C. 431; Sweet v. Hulbert, 51 Barb. 312; Peo- ple ex rel. Hess v. Clark, 53 Barb. 171; People ex rel. Read v. Town of Smith. ville, 85 Hun, 114; 32 N. Y. Supp. 668; Dorn v. Town of Oyster Bay, 84 Hun, 510; 32 N. Y. Supp. 341; Morson v. Town of Gravesend, 89 Hun, 52; 35 N. Y. Supp. 94. The corporate existence of towns and their capacity to hold property, to protect the possession thereof, and to enforce their quasi corporate rights by appropriate action, is recognized by statute. Bridges v. Supervisors of Sulli- van County, 92 N. Y. 570, 575; Town of Verona v. Peckham, 66 Barb. 103; Furey v. Town of Gravesend, 38 Hun, 319. In the absence of a statute a Towns; Execrion anp ALTERATION. 189 County Law, § 34. a copy of such notice shall be published for at least six consecu- tive weeks next preceding the meeting of the board to which the application is to be made, in three newspapers published in the county, if there be so many, otherwise in all the newspapers published in the county as often as once a week. Such appli- cants shall present to the board, with such application and notice, due proof of the posting and publishing of such notice, and fur- nish the board with a map and survey of such towns, showing the proposed alteration. The board shall designate the name of any new town so erected. If the application be granted, a copy of such map, with a certified statement of the action of the board town has no power to act as a trustee for charitable purposes. Fosdick v. Town of Hempstead, 125 N. Y. 581; 26 N. E. 801. A town in its corporate capacity is authorized to acquire land for a legitimate town purpose. People ex rel, Averill v. Works, 7 Wend. 486. It may take lands for highway pur- poses by conveyance, voluntary or otherwise; and this implies the power to take such interest as the necessity of the case or the public good may re- quire. Hughes v. Bingham, 135 N. Y. 347; 32 N. E. 78; Vail v. Long Island R. R. Co., 106 N. Y. 283; 12 N. E. 607. Effect of statute upon powers of towns as miatatingy: Under the revised statutes (R. 8., pt. 1, ch. 11, tit. 1, sec. 1), the powers of a town as a corporate body were specifically stated. These powers included the power to sue and be sued; to purchase and hold lands within its own limits and for the use of its inhabitants; to make contracts; and to regulate the disposition and use of its corporate property. The above section of the Town Law is a substitute for such provision of the revised statutes. By declaring a town to be a municipal corporation it was evidently intended to continue in the town the powers formerly expressly conferred. The present law pro- vides for the exercise by the town of such powers pertaining to the adminis- tration of town affairs as may be conferred or imposed upon it by law. Lythe v. Town of Evans, 33 Misc. 221; 68 N. Y. Supp. 356. This section of the Town Law has not enlarged the town’s corporate capacity. Morson v. Town of Gravesend, 89 Hun, 52; 35 N. Y. Supp. 94. In case of Dorn v. Town of Oyster Bay, 84 Hun, 510; 32 N. Y. Supp. 341, Dykman, J., says: “The towns of this state are the primary political divi- sions. As they exist here they were unknown to the common law, and are all of statutory creation. They were erected and organized by statute, and all their duties and obligations are prescribed by statute, and they derive their capacity and powers from the same source. In the earlier history of the state their capacity was limited, and their duties and liabilities were but few. By the revised statutes, each town as a body corporate had capacity to pur- chase and hold property for certain purposes, to sue and be sued, and to make certain contracts in relation to corporate property and affairs. Modern legis- lation has, however, enlarged their capacity and endued them with powers and imposed upon them obligations similar to those possessed by municipal corporations.” 190 Towns, Town Mertines anp Town OFFICERS. County Law, § 35. thereto annexed, shall be filed in the office of the secretary of state, who shall cause such statement to be printed and published with the laws of the next legislature.” [County Law (L. 1892, ch. 686), § 34; Heydecker’s Gen. L. (2d ed.), p. 1212.] § 3. Time and place of holding first election in new town; term of office of town officer not to be abridged. The board [of supervisors] shall designate the time and place of holding the first town meeting in a new town so erected, and appoint three electors thereof, who shall post notice of such town meeting, signed by the chairman or clerk of the board of Power to contract. Towns have no general power to enter into con- tracts or to incur obligations the payment of which can be enforced against them. Persons dealing with town officers are charged with notice of the limited corporate capacity of the town, and it is, therefore, incumbent upon one who asserts the fact of an indebtedness to him from the town to point out the act of the legislature which authorized and empowered the town to incur the debt. Morson v. Town of Gravesend, 89 Hun, 52; 35 N. Y. Supp. 94. It is w general rule that all parties dealing with public officers are chargeable with notice of the limitation of their powers, and a contract by a public officer in excess of the powers conferred upon him imposes no liabilities upon the municipal corporation, even though the benefits of the contract have been received and applied for the benefit of the public. Van Dolson v. Board of Education, 28 App. Div. 501; 51 N. Y. Supp. 720; Walton v. City of N. Y., 26 App. Div. 76; 49 N. Y. Supp. 615. Where a statute prescribes the pur- pose and the manner in which a contract shall be made by a town officer, the provisions of such statute must be strictly followed, otherwise the contract will be invalid. Suburban Electric Light Co. v. Town of Hempstead, 38 App. Div. 355; 56 N. Y. Supp. 443. See, also, Parfitt v. Ferguson, 159 N. Y. 111; 53 N. E. 707; Lawrence v. Smith, 24 Misc. 233; 52 N. Y. Supp. 724. 2. For forms of application, notice and resolution of board of super- visors providing for the erection of new towns, see Forms Nos. 11 and 12, post. Proceedings for division of towns. The question whether a town has been legally erected may be decided in an action in the nature of quo warranto against one claiming to exercise the office of supervisor of such town. Where the act of the board, dividing a town and forming a new one from a portion thereof, only described the dividing line, it has been held that the indefiniteness was cured by reference contained in the act to the applica- tion upon which it was founded and from which it appeared that the new town was to lie south of the line of division. People v. Carpenter, 24 N. Y. 86. In this case the court ruled that the act of the supervisors being one of a legislative character, in favor of the regularity of which all presumptions are to be indulged; those who would impeach the act must show by affirma- tive proof a non-compliance with the conditions imposed by law as a pre- requisite to the exercise of power. : Towns; Erection anp ALTERATION. 191 County Law, § 36. supervisors, in four conspicuous public places in such town, at least fourteen days before holding the same. Such electors shall preside at such town meeting, appoint a clerk, open and keep the polls, and exercise the same powers as justices of the peace when presiding at town meetings; but if such electors shall refuse or neglect to serve, the electors of the town present shall substitute one of their number for each one so neglecting or refusing to serve; and the posting of the notice of such meeting shall be valid if done by any elector of the town. Nothing herein shall affect the rights, or abridge the term of office of any town officer in any town, but they shall hold and exercise the offices in the town in which they shall respectively reside after the change or alteration. [County Law (L. 1892, ch. 686), § 85; Heydecker’s Gen. L. (2d ed.), p. 1213.] § 4. Establishment of disputed lines; application ‘therefor; notice to be published and served upon town officers; resolution to be filed in office of secretary of state. Such board may establish and define boundary lines between the several towns of the county. A notice of intention to apply to the board to establish and define such boundary line, particu- larly describing the same, and the line as proposed to be acted upon by such board, signed by a majority of the members of the town board of some one of the towns to be affected thereby, shall be published for four consecutive weeks next preceding the meet- ing of the board at which the application is to be presented, in three newspapers published in the county in, or nearest to such towns, if so many, otherwise in all the newspapers published in the county as often as once a week. A copy of such notice shall also be served personally, at least fifteen days before the meeting of such board, on the supervisor and town clerk of each of the other towns to be affected thereby. A copy of the resolution, as adopted by the board, which shall contain the courses, distances and fixed monuments specified in such boundary line or lines, together with a map of the survey thereof, with the courses, dis- tances and fixed monuments referred to therein, plainly and dis- tinetly marked and indicate’ thereon, shall be filed in the office of the secretary of state within thirty days after the adoption of such resolution, who shall cause the same to be printed and’ pub- lished with the laws of the next state legislature after the adop- 192. Towns, Town Muetines anp Town OFFICERS. Town Law, § 3. tion thereof.’ [County Law (L. 1892, ch. 686), § 36; Hey- decker’s Gen. L. (2d ed.), p. 1213.] § 5. Disposition of town property, upon alteration of town boundaries; when property to be sold; duties of town boards respecting sale; cemetery not to be sold or divided. When the boundaries of a town owning real or personal property shall be altered, either by a division of a town into two or more towns or by the annexation of a part of its territory to another town or towns, the town boards of the several towns affected by such alterations shall meet as soon as may be after the first town meetings subsequently held in such towns, and shall make such agreement concerning the disposition to be made of such real and personal property, and the apportionment of the proceeds, as they shall deem equitable, and take all measures, and execute all con- veyances necessary to carry such agreement into effect. If no such agreement shall be made within six months after such town meetings, the town board of each town in which any portion of such real property, or in whose possession any of such personal property shall be, shall, as soon as may be, sell and convey such part of the real property as shall be included within the limits of the town as fixed by such alteration, and such of the personal property as may be in its possession; and the proceeds arising from the sale shall be apportioned between the several towns in- 3. For form of resolution of board of supervisors establishing and defining boundary lines between towns, see Form No. 13, post. Failure to acquire jurisdiction. If the board of supervisors attempts to establish disputed boundary lines without having acquired jurisdiction by the necessary application and the publication of the notice to make such ap- plication, an injunction will lie against such board to restrain further action by it. People ex rel. Town of Knox v. Supervisors, 63 How. Pr. 411. Effect of statute establishing boundary line between towns. Chapter 782 of the laws of 1870, providing that, “The boundary line dividing the towns of New Rochelle and Pelham in the county of Westchester being the northeast boundary of Pelham and the southwest boundary of New Rochelle, is hereby fixed, established and settled in accordance with, and as laid down upon the map made by Capt. Bond in the year 1711,” ete., did not operate to repeal pro tanto chapter 361 of the laws of 1870, as re-enacted in the above section of the County Law. Govers v. Board of Supervisors, 55 App. Div. 40; 67 N. Y. Supp. 27. Town boundaries; islands intersected by town lines. Whenever two towns are separated from each other by a river, creek or lake, the middle Towns; Erection anp ALTERATION. 193 Town Law, § 4. teresied therein, by the town boards of all the towns, according” to the amount of the taxable property of the town divided or altered, as the same existed immediately before such division or alteration, to be ascertained by the last assessment-roll of such town. But no town cemetery or burial ground shall be sold or di- vided, but the same shall belong to the town within which it may be situated after a division of the town shall have been made, and no lots heretofore granted by the people of this state to any town for the support of the gospel, and of schools, commonly called the gospel and school lots, shall be sold or apportioned.’ [Town Law (L. 1890, ch. 569), § 3; Heydecker’s Gen. L. (2d ed.), p- 1400.] § 6. Debts to be apportioned according to amount of taxable property; collection of unpaid taxes in such towns. Debts owed by a town, so divided or altered shall be appor- tioned in the same manner as the personal property of a town, and each town shall be charged with its share of the debts, accord- ing to the apportionment and the amount of the unpaid taxes levied and assessed upon the taxable property of the town, divided or altered, before the division or alteration thereof, shall be ap- portioned between the several towns interested therein, according to the amount of taxable property in each town as the same ex- isted before such division or alteration, to be ascertained by the of the channel of such river, creek or lake, shall .be the division line between them, unless hereinbefore otherwise provided. R. S. pt. 1, ch. 2, tit. 4, sec. 58. Whenever the boundary line between two towns crosses an island, the whole of such island shall be deemed to be within the town in which the greater part of it lies, unless hereinbefore otherwise provided. Idem, sec. 59. 4, Title of property. Without express provision of statute the erection of a new town does not take away the rights of the old town as to the com- mon property not located within the limits of the new town. Denton v. Jack- son, 2 Johns. Ch. 320. But in the case of Town of North Hempstead v. Town of Hempstead, 2 Wend. 109, it was held that the division of the town of Hempstead effected a division of the common lands. Under an act passed by the legislature to divide the town of Kingston it was held the legal title in the property belonging to the freeholders and in- habitants of the town, continued in their trustees until conveyed by them to officers of the towns into which the old town was divided. Jackson v. Louw, 12 Johns. 252. -As to constitutionality of chapter 975 of the laws of 1895, dividing the town of Watervliet, see Fort v. Cummings, 90 Hun, 481. 13 194. Towns, Town Meetines anp Town OFFICERS. Town Law, § 4. last assessment-roll of the town.” In making such division, there shall be set off to each town interested the unpaid taxes assessed and levied upon the real property within its borders and such as were assessed and levied upon personal property against persons or corporations, as resided within its borders at the time of the assessment; and each town, to which the same are proportioned, shall have the same power, right and methods of collecting the same by warrant, action, sale or otherwise, as the town so divided or altered had, or would have had if such town had not been so divided or altered. Any such town having apportioned to it more than its proportion of unpaid taxes, according to the aforesaid 5. Apportionment of debts. By this section debts owed by a town which has been divided or whose boundaries have been altered must be ap- portioned by the town boards of the several towns affected by the division or alteration in the manner prescribed in the preceding section for the appor- tionment of the personal property of the several towns; that is by an agree- ment to be made by the town boards. Proceedings by mandamus cannot be instituted against a board of super- visors to levy and assess the amount due upon a judgment against the town upon the territory formerly included in the town. The statute requires the town boards to apportion the debts of the towns upon the property of the several towns, and if the town boards refuse to act the remedy is by mandamus against them to compel a compliance with the terms of the statute. People ex rel. McKenzie v. Board of Supervisors of Ulster County, 94 N. Y. 263. In this case the court said: “But for the statute, or some other provision of law, upon a division of the old town of Kingston, all the liabilities of that town would have remained against the present town of Kingston; and it would have been entitled to all the property of the old town within its limits, and would have been obliged to discharge all its debts and obligations. Lara- mie County v. Albany County, 92 U. S. 307; Mount Pleasant v. Beckwith, 100 U. S. 514. Within the latter authority, if the old town of Kingston had been entirely blotted out, and its territory annexed to other towns; or if other towns had been carved out of it, and new municipalties had thus been formed, in the absence of any legislation providing for the payment of the debts of the old town, they would have devolved upon the new towns to be paid by them in equitable proportions. But here express provision of law is made as to the mamner of discharging the obligations of the old town; and those provisions are, at lerst in the first instance, executive and must be pur- sued. Under them all the debts of the old town of Kingston are to be ap- portioned by the officers named, between the three towns of Ulster, Wood- stock and Kingston, according to taxable property as the same existed im- mediately before the division, to be ascertained by the last assessment list of the town, which was the assessment list of 1879. The relator, therefore, has a plain remedy, which is by mandamus, to compel a meeting of the present officers of the three towns and a discharge by them of the duties devolved upon them by the statute.” Towns; Errcrion anp ALTERATION. 195, Town Law, § 5. taxable property, to be ascertained by the last. assessment-roll of such town, shall pay to the other town or towns interested, such sum or sums as shall be necessary to make such apportionment correspond with the said taxable property, as ascertained by the said last assessment-roll of said town, before the said division or alteration. [Town Law, § 4, as amended by L. 1896, ch. 459; Heydecker’s Gen. L. (2d ed.), p. 1401.] § 7. Meetings of town boards for disposition of property and apportionment of debts to be called by supervisor; action to enforce settlement. Whenever a meeting of the town boards of two or more towns shall be required, in order to carry into effect the provisions of this article, such meeting may be called by either of the super- visors of such towns, by giving at least three days’ written notice to all the other members of such town boards of the time and place of such meeting. Whenever said town boards shall fail to earry into effect the provisions of this article and agree upon the .amount of assets to which each town is entitled, and the amount of indebtedness for which each town is liable and complete the full settlement thereof, within eighteen months after the division or alteration mentioned in section three of this article, any of such towns may begin and maintain an action against the other town or towns to make and enforce such settlement. The provi- sions of this article shall apply to towns heretofore and hereafter divided or altered. [Town Law, § 5, as amended by L. 1896, ch. 459; Heydecker’s Gen, L. (2d ed.), p. 1402.] 196 Towns, Town Merrincs anp Town OFFICERS. CHAPTER XVII. TOWN MEETINGS; ELECTION AND TERMS OF TOWN OFFICERS. Secrion 1, Time and place of biennial town meetings; board of supervisors may fix time; town meeting on general election day. 2. Town may change date of holding town meeting; submission of proposition therefor; certificate to be filed with county clerk and clerk of board of supervisors; terms of office. 3. Changing place of holding town meetings; not to apply to towns in counties where town meetings are held at time of general election. 4. Special town meeting; for what purpose called; application therefor, made by whom. . Notices of town meetings; notice of special town meeting. . Presiding officers of town meetings; if no justice be present, per- son may be elected by electors. 7. Clerk of meetings. 8. Proclamation of opening and closing polls. 9. Duration of town meetings. 10. Challenges; provisions of election law applied. 11. Minutes of proceedings. 12. Transaction of business not requiring a ballot; when questions are to be submitted; how determined. ’ 13. Votes to expend over five hundred dollars to be by ballot, if less, by viva voce. 14. When women qualified to vote. 15. Notice of propositions to be determined by ballot; ballot-boxes; form of ballots. 16. Ballots; electors in incorporated village when not to vote on highway questions. 17. Canvass of votes; notification of officers elected.. 18. Town meetings in election districts; may be held in regular elec- tion districts, or town board may divide the town; application therefor. 19. Vote upon propositions not requiring a ballot; vote to be by division of electors present; inspectors to enter statement of result; notice of submission of proposition. 20. Town meetings held at the time of general elections; canvass of votes. 21. Ballots at town meetings held on election day. 22. The use and purchase of voting machines. 23. Election of town officers; vacancies in office of justice of the peace; ballots when town meeting is held at time of general election. 24. Term of office of town officers; when town meetings are held at time of general election; term to begin on January 1 follow- ing; collector to complete duties of office. 25. Holding over after expiration of term. 26. Number and terms of justices of the peace. ao Town Mertines; Terms or Town OFFicers. 197 Town Law, § 10. Section 27. Justices of the peace; ballots for full term and vacancies; officers in new towns. 28. Justices in new towns; upon erection of new towns, or annexa- tions, justices of the peace, how to hold office. 29. Certificate of election of justice of the peace. 30. Commissioners of highways; number of, how determined. 31. Overseers of the poor; determination of number; resolution to be voted for; appointment of overseer by town board. 32. Town sealer of weights and measures. 33. Special constables; appointment and powers. 34. Election officers; their designation, number and qualifications. 35. Election officers in towns at general elections; poll clerks and ballot clerks. 36. General powers of biennial town meetings. 37. Erection or discontinuance of pounds; election of pound-masters, § 1. Time and place of biennial town meetings; board of supervisors may fix time; town meeting on general election day. The electors of a town shall, biennially,’ on the second Tuesday of February, assemble and hold meetings at such place in the towns as the electors thereof at their biennial town meeting shall, from time to time, appoint. If no place shall have been fixed for such meeting, the same shall be held at the place of the last 1. Biennial town meetings. Previous to the passage of chapter four hundred and eighty-one of the laws of 1897, town meetings were held an- nually. By that act a town meeting was to be held in each town in the spring of 1898, at which town officers were to be elected for terms of one year; and it was also provided that town meetings should be held in the year 1899 and biennially thereafter. Place of holding town meetings. The place of holding a town meet- ing should be determined by motion or resolution, put in the usual form, upon fair notice to the electors. The result should be declared by the proper officer and entered on the minutes. Attorney-General’s Opinion (1870), p. 450. The voting upon a question of where the town meeting shall be held may be by ballot, viva voce, or by ayes and nays. If by ballot no previous notice that the vote is to be taken is required. Attorney-General’s Opinion (1855), p. 236. Under a statute similar in all respects to this the Court of Appeals held that the qualified electors of a town at their town meeting, have power, after the regular organization of the meeting, to determine by vote that the meet- ing shall be continued at the place of such organization through a part of the day and then adjourned to some other place in the town, and there con- tinued through the residue of the day. People ex rel. Simonson v. Martin, 5 N. Y. 22. This case was decided at the time when town meetings were much less formal in their character than at present, and it may well be doubted whether under the existing system a town meeting may be held at more than one place on the same day. See, also, People ew rel. Kniffin v, Tabor, 21 How. Pr. 42. 198 Towns, Town Mzerines anp Town OFFICERS. Town Law, § 43. town meeting in the town or election district, when town meetings of a town are held in election districts. The board of supervisors of any county may, by resolution, fix a time when the biennial town meetings in such county shall be held, which shall be either on some day between the frst day of February and the first day of May, inclusive, or on the first Tuesday after the first Monday in November of an odd numbered year.” [Town Law, § 10, as amended by L. 1898, ch. 363, L. 1900, ch. 374, L. 1901, ch. 391, and L. 19038, ch. 339; Heydecker’s Gen. L. (2d ed.), p. 1408.] § 2. Town may change date of holding town meeting; sub- mission of proposition therefor; certificate to be filed with county clerk and clerk of board of supervisors; terms of office. A town may change the date of its town meeting to the first Tuesday after the first Monday in November, known as general election day, by adopting a proposition therefor at a. regular town meeting. Such a proposition may be submitted by the town board on its own motion, and shall be submitted by such board on the written application of twenty-five taxable voters of the town. The proposition must be submitted, voted on, and the result canvassed as prescribed. by section thirty-two. If it 2. Town meetings on general election day. By chapter 363 of the laws of 1898, amending the above section of the Town Law, boards of super- visors were authorized to adopt a resolution fixing the time of holding bien- nial town meetings on the first Tuesday after the first Monday in November, that is, on general election day. A large number of counties have adopted such a resolution. By chapter 30 of the laws of 1899, it was provided that: “The acts, reso- lutions and proceedings of boards of supervisors under the authority con- ferred by chapter 363 of the laws of 1898, changing the time of holding town meetings in their respective counties to the first Tuesday after the first Mon- day in November, are hereby legalized, ratified and confirmed, and in such counties town meetings shall be held in the year 1899 only on that day.” A similar act was passed in 1901. See L. 1901, ch. 32. In the case of People ex rel. Smith v. Schillein, 95 N. Y. 124, the question considered was whether a justice of the peace required by the constitution (art. 6, see. 18), to be elected at “an annual town meeting,” could, by an act of the legislature be elected at any other time than at a regular town meeting. The court held, without deciding the question as to whether the legislature could change the time of holding a town meeting to general election day, that if a regular town meeting was held in the spring, that the justices of the peace could not be elected at a general election. Special acts providing for holding town meetings on general election day. L. 1897, ch. 439, provides for the holding of annual town Town Mertines; Terms or Town OFFicers, 199 Town Law, § 11. be adopted a certificate to that effect shall be filed by the tewn clerk within ten days thereafter in the office of the county clerk and also with the clerk of the board of supervisors. If the propo- sition be adopted the first town meeting shall be held on general election day in the next calendar year, and the terms of all officers, except justices of the peace elected on the day of the adoption of the proposition, shall expire on the day of such first meeting. Thereafter town meetings in such town shall be held biennially on general election day in the manner prescribed by this chapter, except that after five years from the first meeting, the town meet- ing may in like manner change from such general election to any other day authorized by law. The term of office of all officers, except justices of the peace, in a town which under this section changes its town meeting to general election day, shall be two years from the date of their election. [Town Law, § 43, as added by L, 1899, ch. 145; Heydecker’s Gen. L. (2d ed.), p. 1418.] § 3. Changing place of holding town meetings; not to apply to towns in counties where town meetings are held at time of general election. The electors of a town may, upon the application of fifteen meetings and elections in the towns in the counties of Rockland, Orange and Sullivan. @ L. 1899, ch. 594, provides for holding of town meetings and elections in a county of the state having a population of over 150,000 and less than 160,000 inhabitants. This act only applies to the county of Onondaga. L. 1901, ch. 34, provides for the holding of town meetings and elections in wu county of the state having a population of over 130,000 and less than 150,000 inhabitants. This act only applies to the county of Oneida. L. 1901, ch. 174, provides for the holding of town meetings in a county having « population of more than 120,000 and less than 130,000 inhabitants. This act applies only to the county of Rensselaer. The action of the board of supervisors of the county of Westchester fixing the time for holding biennial town meetings on the first Tuesday after the first Monday in November in the year 1901 and every alternate year there- after was legalized by L. 1902, ch. 688. L. 1902, ch. 10, provided for the holding of town meetings and clections in a county having a population of over 400,000 and less than 600,000 in- habitants, This act only applies to the county of Erie. L. 1902, ch. 239, provides for the holding of town meetings and elections in a county of the state having a population of over 71,000 and less than 75,000 inhabitants. This act applies only to the county of Niagara. L. 1903, ch. 266, provides for holding town meetings and elections jn counties having a population of over 50,000 and less than 54,000 inhabitants, This act would seem to apply only to the county of Herkimer. 200 Towns, Town Mzrtines anp Town OFFICERS. Town Law, § 23. electors therein, to be filed with the town clerk twenty days before a biennial town meeting is to be held, determine at such meeting, by ballot, where future town meetings shall be held. Where town meetings in any town are held in separate election districts, the electors of each district may, at a biennial town meeting, determine by resolution where its future town meetings shall be held. If any place so designated shall thereafter and before the close of the next biennial town meeting, be destroyed, or for any reason become unfit for use, or cannot for any reason be used for such purpose, the town board shall forthwith designate some other suitable place for holding such town meeting in said town or election district, as the case may be. The provisions of this section shall not apply to towns in counties where the town meetings are held at the same time as general elections.” [Town Law, § 11, as amended by L. 1897, ch. 481, and L. 1898, ch. 363; Heydecker’s Gen. L. (2d ed.), p. 1404.] § 4. Special town meeting; for what purpose called; applica- tion therefor, made by whom. Special town meetings shall also be held whenever twenty-five taxpayers upon the last town assessment-roll shall, by written application addressed to the town clerk, require a special town meeting to be called, for the purpose of raising money for the support of the poor; or to vote upon the question of raising and appropriating money for the construction and maintenance of any bridges which the town may be authorized by law to erect or maintain; or for the purpose of determining in regard to the prosecution or defense of actions, or the raising of money there- for; or to vote upon any proposition which might have been determined by the electors of the town at the last annual town meeting, but was not acted upon thereat; or to vote upon or deter- mine any question, proposition or resolution which may lawfully be voted upon or determined at a special town meeting.’ Special 3. See, also, Note 1, ante, under section 10 of Town Law. This section applies to determining by electors of the town where future town meetings shall be held. 4. Purpose for which special town meetings may be called. Only such questions or propositions can be voted upon at a special town meeting as are specified in the statute. People v. Works, 7 Wend. 486. In the case of Berlin Iron Bridge Company v. Wagner, 57 Hun, 346; 10 N. Y. Supp. 840, it appeared that a special town meeting was duly called for the purpose of Town Meertines; Terms or Town OFFicers. 201 Town Law, § 23. town meetings may also be held upon the like application of the supervisor, commissioners of highways, or overseers of the poor, to determine questions pertaining to their respective duties as such officers, and which the electors of a town have a right to determine. An application and notice heretofore made and given for a special town meeting to be hereafter held for a purpose not heretofore authorized by law, but now authorized by law, shall be as valid and of the same force and effect as if such purpose had been authorized by law at the time of such application and notice. [Town Law, § 23, as amended by L. 1894, ch. 280, and voting upon a resolution to raise and appropriate money for the construction and maintenance of an iron bridge. This resolution was voted upon by the electors of the town by ballot and adopted by a majority vote. A resolution was further submitted to the electors of the town and voted upon by viva voce vote authorizing an application to the board of supervisors for the ap- pointment of a commission to build such bridge. It was held that the special town meeting had no authority to authorize the appointment of such commis- sioners, and that an act of the board of supervisors providing for such ap- pointment was invalid. The special town meeting was called under the pro- visions of the statute as it existed prior to the passage of the Town Law, and such statute did not authorize the calling of a special town meeting to secure the appointment of commissioners to construct a bridge. Such statute only authorizes a vote upon the question of raising and appropriating money for the construction and maintenance of a bridge. In the case of Town of Kirkwood v. Newburg, 45 Hun, 323, a similar reso- lution adopted by a special town meeting was under consideration. The reso- lution was not challenged on the ground of the want of authority of the special town meeting, and it would seem that the town meeting was in that case called under a different statute. If it is desired to provide for the ap- pointment of commissioners to superintend the construction of a bridge, it is possible that an application may be made to the board of supervisors for the passage of an act therefor under the provisions of section 69 of the County Law. In case the board of supervisors has authority to act in a given case, it is presumed that they would be authorized to appoint commissioners to superintend the construction of a bridge. Berlin Iron Bridge Company v. Wagner, supra. The provisions of the above section permiting special town meetings to vote on the question of raising and appropriating moneys for the construction and maintenance of bridges does not abolish the limitation as to the amount to be raised by immediate taxation; it simply authorizes necessary sums to be raised which, prior to the passage of the act of 1886, chapter 259, from which the above section was derived, could only have been authorized at a regular town meeting. The special town meeting called under the pro- visions of this section can authorize the borrowing of money for the erection of a bridge under the provisions of section 69 of the County Law. See post, p. 715. The provision contained in such section, limiting the authority to the special meeting “ called for the purpose,” simply requires a meeting called for 202 Towns, Town Muzrines anp Town OFFicers. Town Law, § 24. renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1410.] § 5. Notices of town meetings; notice of special town meeting. No previous notice need be given of the biennial town meetings; but the town clerk shall, at least ten days before the holding of any special town meeting cause notice thereof under his hand, to be posted conspicuously in at least four of the most public places in the town; which notices shall specify the time, place and purposes of the meeting. [Town Law, § 24, as senumbered and amended by L. 1897, ch. 181; Heydecker’s Gen, L. (2d ed.), p. 1411.] the purpose of considering and deciding the question of erecting or repairing the bridge, and so it is not necessary that the call should state that it is for the purpose of borrowing money. Berge v. Berlin Bridge Company, 133 N.Y. 477; 31 N. E. 609. When the proceedings of the special town meecing called to consider the propriety of instituting and defining certain statutes and to raise money therefor were regular and authorized the relator to begin certain actions, the expenses incurred by him therefor are a valid claim against the town, and if the town board neglect or refuse to audit, the proper remedy is by man- damus to compel such audit. People ex rel. Wells v. Board of Audit, 4 Hun, 94. A town meeting has no power to discontinue a highway once established. That can be done only by the intervention of the authorities and according to the procedure pointed out in the statute, and a town meeting is no part thereof. Hughes v. Bingham, 135 N. Y. 347; 32 N. E. 78. Submission of propositions under Liquor Tax Law. A special town meeting is not in any sense “a town election” at which propositions can be submitted to the electors of the town to determine the question whether liquors shall be sold therein. In the case of People ex rel. Thomas v. Sackett, 15 App. Div. 290, 293; 44 N. Y. Supp. 593, the court said: ‘“ Under section 16 of the Liquor Tax Law the meeting therein referred to is the one at which a town election for officers may be held; one at which official ballots are required to be used, and for which it is made the duty of the town clerk to prepare such ballots at a fixed and stated time. The annual town meet- ing is the only one to which these provisions are applicable. Legalizing acts of town meetings. It is provided in the County Law, sec. 15 (post, p. ), that the board of supervisors may “by two-thirds vote of all its members, legalize the informal acts of any town meeting or village election within such county, etc.” Application. The application under this section for a special town meeting must be addressed to the town clerk and should be subscribed by at least twenty-five taxpayers whose names appear upon the last preceding town assessment-roll; or such application may be made by either of the town officers mentioned in the above section. For the form of such applica- tion, see Form No. 14, post. 5. For form of notice of special town meeting, see Form No. 15, post. Town Meertines; Terms or Town Officers. 203 Town Law, § 25. § 6. Presiding officers of town meetings; if no justice be pre- sent, person may be elected by electors. The justices of the peace of each town shall attend every town meeting held therein, except where such town meetings are held at the time of the general elections, and such of them as shall be present shall preside at such meeting, and see that the same is orderly and regularly conducted, and shall have the like authority to preserve order, to enforce obedience and to commit for disor- derly conduct, as is possessed by the board of inspectors at a gen- eral election.” If there be no justice of the peace at such meeting, 6. Constitutional provision. The constitution provides that registra- tion or election boards shall be bi-partisan, but this provision does not apply to town meetings. (Constitution, art. 2, sec. 6.) Maintenance of order. Under the provisions of this section the justices presiding at a town meeting have the same power to preserve order as inspectors of election at a general election. Section 15 of the Election Law (Jewett’s Election Manual, 1903, p. 20), provides that: ‘Such board and each individual member thereof shall have full authority to preserve peace and good order at such meetings and in and around the polls of elec- tions, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. The said board may appoint one or more electors to communicate their orders and directions, and to assist in the performance of their duties in this section enjoined. If any person shall refuse to obey the lawful commands of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceedings, they shall make an order directing the sheriff or any constable of the county, or any peace or police officer to take the person so offending into custody and retain him until the registration of electors, or the canvass of the votes shall be completed, but such order shall not prohibit the person taken into custody from voting. Such order shall be executed by any sheriff, constable, peace or police officer to whom the same shall be delivered. But if none shall be present, then by any other person deputed by such board in writing. The said board or any member thereof, may order the arrest of any person, other than an election officer, violating or attempting to violate, any of the pro- visions of this Election Law.” Any wilful disobedience of a lawful command of the board of inspectors or any member thereof, is a misdemeanor (Penal Code, sec. 41k, sub. 17), and this provision, of course, applies to presiding officers at town meetings. Inspectors have a right to keep order during the canvass of the votes, but they cannot under such a pretense turn out a peaceful and quiet citizen whose presence does not interfere with the discharge of their duties. Horton v. Whistler, 4 N. Y. St. Rep. 810. Acts of justices of the peace are ministerial and cannot be re- viewed by certiorari. Justices of the peace while acting in the position of inspectors of election, are merely ministerial officers, and, although they = may have allowed an assistant of the town clerk, who was not himself sworn as a clerk to keep the tally sheet and declare the result of the canvass, and 204 Towns, Town Meetines anp Town OFFICERS. Town Law, § 26. then such person as shall be chosen for that purpose by the electors present shall preside and possess the like powers as justices; such persons appointed shall take the constitutional oath of office before entering upon his duties as such presiding officer. [Town Law, § 25, renumbered by L. 1897, ch. 481, and amended by L. 1898, ch. 363; Heydecker’s Gen, L. (2d ed.), p. 1411.] § 7. Clerk of meetings. The town clerk last before elected or appointed, or, if he be absent, such person as shall be chosen by the electors present, shall have permitted other unauthorized persons to aid, under their direction and supervision in the distribution of tickets, and in the taking and counting of votes, the conduct of the justices in permitting such irregularities is not judicial action within the ordinary meaning of that term and cannot be re- viewed by a writ of certiorari. People ex rel. Brooks v. Bush, 23 App. Div. 363; 48 N. Y. Supp. 13; citing Matter of Many, 10 App. Div. 451; 41 N. Y. Supp. 993. See, also, People ex rel. Van Sickle v. Austin, 20 App. Div. 1, 46 N. Y. Supp. 526, where it was held that an objection to the action of a town election board in not opening the polls at the proper time, could not be raised by a writ of certiorari to review the proceedings of such board. In the case of People ex rel. Stapleton v. Bell, 119 N. Y. 175; 23 N. E. 533, the court in considering the question of the powers and duties of election boards said: “I think we cannot hold otherwise as to inspectors of election than that they are, under the provisions of the Election Law, made minis- terial officers wholly, for their duties are pointed out by the law definitely. They are only officers to execute the law in a prescribed and definite way, and to whom no latitude is allowed when the proposed elector satisfies the statutory demands upon him for oaths and answers to certain questions. They are bound to an exact obedience of the particular commands which the law has laid upon them as its officers, and they may not act on their own opinions or knowledge. The duty of an inspector is discharged when he has required the challenged voter to submit to the tests prescribed. In support of the view that inspectors of election act ministerially and not judicially in holding elections and making returns, we have ample authority. Town meetings in election districts cor at a time of general elections. If the town meetings are held in election districts, elections are to be conducted by the inspectors of election thereof instead of the justices of the peace of the town (see Town Law, sec. 38, post, p. 214), and it is also provided that if a biennial town meeting is held at the same time as a general election it shall be held in the election districts of the town, and be conducted by the inspectors of election thereof. See Town Law, sec. 42, post, p. 217. When town meetings governed by Election Law. Local elections at town meetings, not held at the same time as a general election, are governed by the Town Law, and the Election Law is not applicable to such elections except where it has been expressly made so by provisions of the Town Law. Matter of Larkin, 163 N. Y. 201; 57 N. E. 404, Town Meerrines; Terms or Town Orricmrs. 205 Town Law, §§ 33, 27. be the clerk of such town meeting, except when held at the time of a general election, and shall keep faithful minutes of its pro- ceedings, in which he shall enter at. length every order or direction, and all rules and regulations made by such meeting; such person chosen by the electors present shall take the constitutional oath of office before entering upon his duties as such clerk.’ [Town Law, § 26, renumbered by L. 1897, ch. 481, and amended by L. 1898, ch. 363; Heydecker’s Gen. L. (2d ed.), p. 1411.] § 8. Proclamation of opening and closing polls. Before the electors shall proceed to elect any town officer, procla- mation shall be made of the opening of the polls, and proclamation shall in like manner be made at each adjournment and of the opening and closing of the polls until the election be ended. [Town Law, § 38, as renumbered by L. 1897, ch. 481; Heydeck- er’s Gen. L. (2d ed.), p. 1413.] § 9. Duration of town meetings. Town meetings shall be kept open for the purposes of voting in the daytime only, between the rising and setting of the sun, and, if necessary, may be continued by a vote of the meeting dur- ing the next day, and no longer, and be adjourned to another 7. Duties of town clerk. The duties above imposed upon town clerks are similar in many respects to those of ballot and town clerks at general elections. If town meetings are held in election districts or at the time of a general election the duties of town clerks are to be performed by the regular election officers of the several districts. 8. Hours during which town meetings are to be kept open. The language of the provision of the present statute as to the time that town meetings shall be kept open for purposes of voting, is substantially -no different than it has been for upwards of eighty years. It has never been construed so as to require polls of town meetings to be opened at sunrise or continuously kept open until sunset; but, on the contrary, it has been held that it is not necessary that a town meeting should be kept open through the whole time from sunrise to sunset. People ex rel. Simonson v. Martin, 5 N. Y. 22; Goodel v. Baker, 8 Cow. 386. In the case of People ex rel. Van Sickle v. Austin, 28 App. Div. 1; 46 N. Y. Supp. 526, it was held that a town meeting was not rendered illegal by the fact that the polls were net opened until nine o’clock in the forenoon, they continuing open, except for the noon hour, until sunset. In the case of People ex rel. Fisher v. Has- brouck, 21 Misc. 188; 47 N. Y. Supp. 109, it was held that the fact that polls at the annual town meeting to which was submitted a proposition whether traffic in liquor should be permitted in the town were closed about an hour before sunset did not invalidate the votes cast at such town meeting upon such proposition. 206 Towns, Town Mzerines anp Town OFFIcers. Town Law, § 28. place not more than one-fourth of a mile from the place.where it was appointed.” [Town Law, § 27, as renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1412.] § 10. Challenges; provisions of Election Law applied. If any person offering to vote at any town meeting or upon any question arising at such town meeting shall be challenged as un- qualified, the presiding officers shall proceed thereupon in the manner prescribed in the general Election Law when challenges are made, which law, with its penalties, is made applicable thereto, and no person whose vote shall have been received upon such challenge shall be again challenged upon any other question arising at the same town meeting.” [Town Law, § 28, as renum- bered by L. 1897, ch, 481; Heydecker’s Gen. L. (2d ed.), p. 1412.] 9. Adjournment. Under the provisions of the revised laws of 1813 to the effect that no town meeting should be held longer than two days and should only be held open between sunrise and sunset, and should be held at such places in each town as the freeholders at their town meeting should from time to time appoint, it was held that the electors of the town on the town meeting being opened had a right to adjourn the meeting to the next day to be held at another place; and that the electors were the exclusive judges of the necessity of the adjournment. (oodel v. Baker, 8 Cow. 286. See, also, People ew rel. Simonson v. Martin, 5 N. Y. 22, where it was held that the qualified electors of 4 town meeting may determine by vote, after the regular organization ‘of the meeting, that the town meeting be continued at the place of such organization through a part of the day and then ad- journed to some other place in the town and there continued through the residue of the day. The last clause of the above section expressly authorizes an adjournment of a town meeting. 10. Provisions of Election Law to control challenges. The manner of challenging and the oath to be administered in such cases are prescribed by section 108 of the Election Law (Jewett’s Election Manual, p. 123), and the provisions of such section are by the above section of the Town Law made applicable to challenges at town meetings. Voters taking oath entitled to vote. Voters answering the questions put to them and taking the oath prescribed by law are entitled to vote, and under such circumstances election boards cannot refuse to accept the vote of an elector. See People v. Pease, 27 N. Y. 45; Goetcheus v. Matheson, 61 N. Y. 420; People ex rel. Sherwood v. Board of Canwassers, 129 N. Y. 372; 29 N. E. 345; Matter of Hamilton, 80 Hun, 511; 30 N. Y. Supp. 499. In the case of People ex rel. Stapleton v. Bell, 119 N. Y. 175; 23 N. E. 533, it was held that a board of inspectors of election has no discretionary power to reject the vote of a person who, upon the application of the statutory test, has shown himself to be a qualified voter; and that the lawfulness of the vote cannot be determined until it has been received; and that the elector’s right cannot be annuled without a trial. Town Mezeztines; Terms or Town OFFicers. 207 Town Law, §§ 29, 30, 31. § 11. Minutes of proceedings. The poll list and minutes of the proceedings of every town meet- ing, subscribed by the clerk of such meeting, and by the officers presiding, shall be filed in the office of the town clerk within two days after such meeting and there preserved. [Town Law, § 29, as renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1412.] § 12. Transaction of business not requiring a ballot; when questions are to be submitted; how determined. The business of the towns which requires a vote of the people otherwise than by ballot shall be commenced at twelve o’clock noon of the day of the annual town meeting and completed with- out adjournment. No question involving the expenditure of money shall be introduced after two o’clock in the afternoon of the same day. All questions upon motion made at town meetings shall be determined by the majority of the electors voting, and the officers presiding at such meeting shall ascertain and declare the result of the votes upon each question.” [Town Law, § 30, as renumbered by L. 1897, ch. 481; Heydecker’s Gen, L. (2d ed.), p. 1412.] " § 13. Votes to expend over five hundred dollars to be by ballot, if less, by viva voce. All votes in town meetings upon any proposition to raise or appropriate money or incur any town liability exceeding five hundred dollars shall be by ballot; if five hundred dollars or less, may be viva voce, unless ballot is required by the law authorizing the expenditure.” An elector of a town shall not be entitled to vote by ballot upon any proposition for the raising or appropria- tion of money, or the incurring of any town liability, unless he or 11. Submission of resolution. In the case of People ex rel. Kniffin v. Tabor, 21 How. Pr. 42, it appeared that at a town meeting where the ballot- ing was carried on in a room within a house and a resolution being proposed and drawn up in the presence of the presiding officers, by their direction the clerk proceeded outside of the building where most of the persons attending the town meeting were and, in the presence of one of the presiding officers, there put the motion, and it was by him or the presiding officer declared carried and no one made objection. It was held that the resolution was duly passed. 12. Votes incurring liability exceeding five hundred dollars. A resolution authorizing the issuing of new bonds in place of those which have 208 Towns, Town Mzerines anp Town OFFICERS. Town Law, §§ 44, 32. his wife is the owner of property in the town, assessed upon the last preceding assessment-roll thereof. [Town Law, § 31, as re- numbered by L. 1897, ch. 481, and amended by L. 1901, ch, 598; Heydecker’s Gen. L. (2d ed.), p. 1412.] § 14. When women qualified to vote. A woman who possesses the qualifications to vote for town offi- cers, except the qualification of sex, and who is the owner of prop- erty in the town assessed upon the last preceding assessment-roll thereof, is entitled to vote upon a proposition to raise money by tax or assessment. [Town Law, § 44, as added by L. 1901, ch. 509; Heydecker’s Gen. L. (2d ed.), p. 1419.] § 15. Notice of propositions to be determined by ballot; ballot-boxes; form of ballots. No proposition or other matter than the election of officers, shall be voted upon by ballot at any town meeting, unless the town officers or other persons entitled to demand a vote of the electors of the town thereon, shall, at least twenty days before the town meeting, file with the town clerk a written application, plainly stating the question they desire to have voted upon, and request- ing a vote thereon at such town meeting. When town officers, as such, make the application for a vote to raise money for purposes pertaining to their duties, they shall file with their application a statement of their account to date, with the facts and circum- stances which, in their opinion, make the appropriation applied for necessary, and their estimation of the sum necessary for the purpose stated, which statement may be examined by any elector of the town, and shall be publicly read by the town clerk at the meeting when and where the vote is taken, at the request of any elector. The town clerk shall, at the expense of his town, give at least ten days’ notice, posted conspicuously in at least four of the most publie places in town, of any such proposed question, and matured is w proposition to incur a town liability, and if the amount of such bonds exceeds the sum of $500, a resolution authorizing such issue is invalid unless voted upon by ballot. People ex rel. Read v. Town Auditors, 85 Hun, 114; 32 N. Y. Supp. 668. A resolution submitted at a special town meeting requesting authority of the board of supervisors to borrow money for the construction of a bridge if incurring a liability exceeding $500 must be voted upon by ballot. Berlin Iron Bridge Co. v. Wagner, 57 Hun, 346; 10 N. Y. Supp. 840. Town Meetines; Terms or Town OFFICERS. 209 Town Law, § 32. that a vote will be taken by ballot at the town meeting mentioned.” He shall also, at the expense of his town, provide a ballot-box, properly labeled, briefly indicating the question to be voted upon, 13. For forms of application for vote by ballot upon propositions and of notice that a vote upon such propositions will be taken by ballot, see Forms Nos. 16 and 17, post. Forms of ballot; ballot boxes. The form of ballots for questions -sub- mitted is prescribed by section 82 of the Election Law. See Jewett’s Elec- tion Manual, 1903, p. 94, and post, p.. 222. By the provisions of this sec- tion town propositions for raising or appropriating money for town purposes are to be separate from all other ballots for the submission of other propo- sitions or questions to the electors of the town to be voted upon at the same town meeting or election. This provision applies to town meetings held at the same time as general elections. In the case of Matter of Larkin, 163 N. Y. 201; 57 N. E. 404, it was held in effect that the provisions of the Election Law do not apply to town meetings held at a time other than at the time of a general election, unless the Town Law in express terms applies such provisions. See, also, People ex rel. Guerscy v. Pierson, 35 Misc. 406. In view of this decision it may be that the above section of the Town Law would control the form of a ballot for the submission of a proposition, and that, therefore, a written ballot submitting 9. question at such a town meeting would be valid; but it would be the safer and better method, in preparing ballots for questions submitted, to conform to the requirements of section 82 of the Election Law. Section 16 of the Election Law (Jewett’s Election Manual, 1903, p. 21, see post, p. 218), provides for the furnishing of a separate ballot box for the recep- tion of votes upon propositions, to be indorsed “Box for questions sub- mitted.” Submission of propositions under the Liquor Tax Law. This section of the Town Law is general and sweeping in its provisions, and was intended not only to apply to all propositions and questions which could be lawfully submitted to a town meeting at the time of the passage of such law, but also to other propositions that could thereafter be submitted by reason of subsequent enactments. People ex rel. Hovey v. Town Clerk, 26 Mise. 220, 222; 56 N. Y. Supp. 64. In this case the provisions of the above section were held to apply to a petition of town electors to request, under section 16 of the Liquor Tax Law, a resubmission to the electors at a town meeting of the question of local option, and that, therefore, unless the peti- tion is filed with the town clerk at least twenty days before the town meet- ing, his refusal to print the ballots required for such resubmission is justi- fied, and action upon his part will not be compelled by mandamus. In the case of Matter of Hggleston, 51 App. Div. 38; 64 N. Y. Supp. 471, it was held that a petition for the submission of « question under the local option provisions contained in section 16 of the Liquor Tax Law should be filed with the town clerk, notwithstanding the fact that such section of the Liquor Tax Law required such petition to be “filed twenty days before such town meeting with the officer charged with the duty of furnishing ballots 14 210 Towns, Town Mesetinas anp Town OFFICERS. Town Law, § 32. into which all ballots voted upon the question indicated shall be deposited. He shall also prepare and have at the town meeting a sufficient number of written or printed ballots, both for and for the election.” The question in this case seems to have arisen because of the confusion which existed in the Election Law at that time as to the proper officer to provide ballots where town meetings were held at the time of general elections. This confusion has been removed by chapter 405 of the Laws of 1902 amending section 86 of the Election Law (Jewett’s Election Manual, p. 104, post, p. 224), to the effect that if a town meeting is held on general election day ballots for town propositions shall be provided by the town clerk in the same form as at a town meeting held at any other time. The case last cited also holds that it is a duty of the town clerk to give notice of the submission of the questions relating to local option in the manner prescribed by the above section of the Town Law. Effect of insufficient notice. The question of the effect of an insufi- cient notice upon the validity of the vote upon a proposition submitted at a town meeting has arisen in cases under the Liquor Tax Law. In the case of People ex rel. Crane v. Chandler, 41 App. Div. 178; 58 N. Y. Supp. 794, the notice was published but four days prior to the town meeting. It was contended that such notice ought to have been filed twenty days before the town meeting. The court held that a resubmission of the proposition was not necessary since it appeared that the electors of the town had notice of the intention to submit the questions and that they acted upon such notice and expressed their will in the mode prescribed by statute; and the court declared that there were no informalities sufficient to warrant it in saying that the conclusion reached by the electors was not efficient. The court cited the case of People ex rel. Hirsh v. Wood, 148 N. Y. 142; 42 N. E. 536, in which the court said: “We can conceive of no principle which permits the disfranchisement of innocent voters for the mistake or even wilful mis- conduct of election officers in performing the duty cast upon them. The object of elections is to ascertain the popular will, and not to thwart it. The object of election laws is to secure the rights of duly qualified electors and not to defeat them. Statutory regulations are enacted to secure freedom of choice, and to prevent fraud.” See, also, Matter of Clement, 29 Misc. 29; 60-N. Y. Supp. 328. Sufficiency of application. The provisions of the above section of the Town Law were not complied with where it appears that a sufficient number of qualified persons signed « paper denominated a “ resolution,’ which recited that a certain sum should be raised on the faith and credit of the town by an issue and sale of its bonds, and that the money raised and its interest should be charged upon the property of the town taxable therefor, for the purpose of grading and paving certain roads described in the resolu- tion. The paper was not addressed to any person, body or officer, and did not state any question which the signers desired should be voted upon, nor did it request that any vote be taken thereon at a town meeting, and the signers, although taxpayers, were not described as such in the paper, all of which are necessary requirements under the statute. Town of Oyster Bay ». Harris, 21 App. Div. 227; 47 N. Y. Supp. 510. Town Mzxrtines; Terms or Town OFrFicers. 211. Town Law, § 36. .. against the question to be voted upon, for the use of the electors. The vote shall be canvassed, the result determined and entered upon the minutes of the meeting, the same as votes given for town officers. [Town Law, § 32, as renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d od), p. 1412.] § 16. Ballots; electors in incorporated village when not to: vote on highway questions. When the electors vote by ballot, except in towns where the biennial town meetings are held at the time of general elections, all the officers voted for shall be named in one ballot, which shall contain written or printed, or partly written or partly printed, the names of the persons voted for, and the offices to which such persons are intending to be elected, and shall be delivered to the presiding officers so folded as to conceal the contents, and shall be deposited by such officers in a box to.be constructed, kept and disposed of, as near as may be, in the manner prescribed in the gen- eral Election Law.“ When any town shall have within its limits an incorporated village, constituting a separate road district, ex- empt from the supervision and control of the commissioners of highways of the town, and from payment of any tax for the salary or fees of said commissioners, and from payment of any tax for the opening, erection, maintenance and repair of any highway or bridge. of said town, without the limits of said village, no resi- dents of such village shall vote at any biennial or special election 14. Ballots for town meetings under the Election Law. The pro- visions of this section relating to ballots containing the names of town officers to be voted for at town meetings not held at the same time as a general election, are probably superseded by the provisions of section 81 of the Election Law. Jewett’s Election Manual, 1903, p. 89. Under section 86 of the Election Law (Jewett’s Election Manual, 1903, p. 104), it is pro- vided that ballots to be used at town meetings, not held on cohen election: day, shall be furnished by the town clerk of the town. Ballots are to be prepared from certificates of nominations, filed with the: town clerk, as provided in sections 58 and 59 of the Election Law. Temetts Election Manual, 1903, p, 69. Nominations for town offices are to be made under the provisions of sec- tions 56 and 57 of the Election Law. Jewett’s Election Manual, 19038, p. 61.. The number of ballots is to be determined by section 85 of the Election Law (Jewett’s Election Manual, 1903, p. 104), and they are to be. distributed as, provided by section 87 of that law. Id., p. 105. A. town clerk in. the per- formance of his ‘duties respecting the fomiehing of official, and sample ballots, instruction cards and stationery, must conform in all respects to the provi-. sions of article 4 of the Election Law. Id., pp. 89-107. © 212. Towns, Town Meztines anp Town OFFICERS. Town Law, § 36. in such town for any commissioner of highways for said town, nor for or against any appropriation for the opening, laying out, maintenance, erection or repair of any highway or bridge in said town, without the limits of said village. At the biennial elec- tions in such towns, the names of candidates for the office of high- way commissioner shall be printed on a different ballot from the one containing the names of candidates for other town officers. Such ballots shall be indorsed “‘ commissioner of highways,” and shall be deposited, when voted, in a separate ballot box, which also shall be marked “‘ commissioner of highways.” Such ballots and ballot box shall be furnished by the officers now charged by law with that duty at town elections.” A poll list shall be kept by the clerk of the meeting on which shall be entered the name of each person voting by ballot. [Town Law, § 36, as renumbered by L. 1897, ch. 481, and amended by L. 1898, ch. 8363; Heydeck- er’s Gen. L. (2d ed.), p. 1414.] 15. Separate ballots for highway commissioners and for proposi- tions relating to highways and bridges in certain towns. The provisions of this section, relating to the separate ballots for the election of highway commissioners’ and for propositions for the appropriation of money for the construction and maintenance of highways and bridges, only apply to towns containing an incorporated village, which is, by the provi- sions of its charter or any other special law, exempted from taxation for all highway and bridge purposes within the town outside of’the limits of such village. This provision was inserted in the above section to take care of some one or more villages which are so situated under the general law. The highways and bridges of a town are to be constructed and maintained by the whole town, and the property within an incorporated village is not exempted from txation therefor. It is provided in the Village Law, section 141 (Cumming and Gilbert’s Village Law, p. 113), that the village constitutes a separate highway district. This provision is for the purpose of con- ferring authority upon the village authorities to construct and maintain streets and highways within the village, and was not for the purpose of relieving the village from the construction and maintenance of town high- ways. It is probable that in a town containing a particular village, to which the provision of the above section referred to applies, that ballots for highway commissioners should be separate from the general town ballot. This is so because of the amendment to such section by ch. 363 of L. 1897 continuing such provision in force and superseding section 81 of the Election Law as enacted by ch. 909 of the L. 1896. Effect of provision of Highway Law exempting certain villages from taxation. Under section 53 of the Highway Law (see ch. 46, post, p. 636), providing for the raising of money by taxation for highway pur- poses, villages are exempt from any taxes imposed for the maintenance and repair of the highways lying outside of the villages. In the case of Matter of Town Mertines; Terms or Town OFFICERS. 2138 Town Law, § 37. § 17. Canvass of votes; notification of officers elected. At the close of the polls at any town meeting, the canvassers shall proceed to canvass the votes publicly at the place where the meeting was held. Before the ballots are opened they shall be counted and compared with the poll list, and the like proceedings shall be had as to ballots folded together, and difference in num- ber as are prescribed in the general Election Law. The void and protested ballots, and the voted ballots other than void and pro- tested, shall be preserved and disposed of by the inspectors in the manner provided by section one hundred and eleven of the Elec- tion Law." The result of the canvass shall be read by the clerk to the persons there assembled, which shall be notice of the elec- tion to all voters upon the poll list. The clerk shall also enter the result at length in the minutes of the proceedings of the meeting kept by him, and shall, within ten days thereafter, transmit to any person elected to a town office, whose name is not on the poll Shapter v. Carroll, 18 App. Div. 390, 392; 46 N. Y. Supp. 202, the above section was construed in connection with such section 53 of the Highway Law. The court said: “Such section 53 of the Highway Law does not relieve villages from assessments made for damages and charges for laying out or altering any road or creating or repairing a bridge in the town. Section 53 is general, and applies to every case where an incorporated vil- lage within a town may be a separate road district. Thus, from a certain class of public charges or expenses connected with the highways the villages are exempt, while to another class they are subject. A proper interpreta- tion of ch. 262 of the Laws of 1895 (amending the above section of the Town Law) I think is required. It provides that when the village is exempt from the supervision and control of the commissioners of the highways of the town and from payment of any tax for the opening, erection, main- tenance and repair of any highway or bridge of said town without the limits of said village, no residents of such village shall vote . . . for or against any appropriation, etc. The meaning of this is that no residents of the village shall vote on the subject of an appropriation when the village is exempt from liability for such appropriation, but it is only in case the village is so exempt that the residents of a village are not to vote.” 16. Disposition of rejected ballots. The provisions of this section require inspectors or the officers presiding at a town meeting to preserve and dispose of-the void and protested ballots in the manner provided by section 111 of the Election Law. In the case of People ex rel. Maxim v. Ward, 62 App. Div. 531; 71 N. Y. Supp. 76, it was held that canvassers of the ballots cast at a town meet- ing could be compelled by mandamus to indorse upon each rejected ballot the reason for such rejection, and to place such ballots in a separate sealed package, and to indorse the package with their names and. the number of ballots contained therein, as directed by section 111 of the Election Law. 214 Towns, Town Meetines anp Town OFFICERS. Town Law, § 38. list as a voter, a notice of his election.” [Town Law, § 37, as ‘renumbered by L. 1897, ch. 481, and amended by L. 1899, ch. 168; Heydecker’s Gen. L. (2d ed.), p. 1414.] § 18. Town meetings in election districts; may be held in regular election districts, or town board may divide the town; application therefor. The electors of a town may determine by ballot at an annual or special town meeting on the written application of twenty-five electors, that: town meetings shall thereafter be held in the several election districts of their town, to be therein conducted by the inspectors of election thereof, instead of the justices of the peace of the town; or may authorize the town board to divide such town into two or more joint election districts, as provided in this sec- tion.” The town board of any town which has been so authorized may divide such town into two or more joint election districts, for the purpose of holding town meetings therein, but such dis- tricts shall be constituted by combining the election districts in such town. If the town board of any town shall divide such town into joint election districts in pursuance of this section, such board shall select from the inspectors of election for such town three inspectors residing therein, not more than two of whom shall 17. Application of provisions of Election Law to canvass. In the case of Matter of Larkin, 163 N. Y. 201; 57 N. E. 404, it was in effect held that the provisions of this section were to control inspectors at town meet- ings not held at the same time as a general election in the performance of their duties, and that in making a canvass of the votes cast the provisions of the Election Law did not apply except as expressly provided in the section. In the case of People ex rel. Guernsey v. Pierson, 35 Misc. 406; 71 N. Y. Supp. 993, it was held that town elections are governed generally by the Town Law and not by the Election Law. Statement of result. It is intended by the statute that the statement read by the clerk of the result of the canvass shall be a sufficient certificate and evidence of the election. Matter of Baker, 11 How. Pr. 418; Matter of Case v. Campbell, 16 Abb. N. C. 270. 18. Application and submission of proposition. The application for the submission of a proposition under this section must be written and signed by at least twenty-five electors of the town. Such application must be filed with the town clerk at least twenty days before the town meeting, and must plainly and definitely state the question to be voted upon and must request that a vote be taken at a specified town meeting. See section 32 of the Town Law, ante, p. 208. The proposition is to be submitted in the same manner as other town propositions. For form of application for holding town meeting in election districts, see Form No. 18, post. Town Meertines; Trexms oF Town OFfFicrgs, 215 Town Law, § 38. belong to the same political party, for each of such election dis- tricts as so constituted. Such inspectors shall act at the first town meeting held in such districts thereafter. At the first town meeting held in such districts and annually thereafter, there shall be elected in each of such districts in the same manner, and with the same qualifications as inspectors are elected for a general election, three inspectors of election for such district. If a town shall hold its town meeting in more than one district, the inspect- ors of each of such districts shall appoint one poll clerk, and in the conduct of such meetings they shall have the same powers and duties as the justices of the peace and town clerk have at the annual town meetings presided over by them. No town officer shall be required to make or render any report, statement or ab- stract at a town meeting when held in separate or joint election districts. At the close of the polls, the inspectors shall forthwith publicly canvass the ballots cast, and, without postponement or adjournment, make a full and true statement of the whole number so cast for each and every candidate for an office balloted for, and of the whole number of votes for and against every question or proposition voted upon at such town meeting. The void and pro- tested ballots, and the voted ballots other than void and protested, shall be preserved and disposed of by the inspectors in the manner provided by section one hundred and eleven of the Election Law. Such statement shall be made in the same form as statements by such inspectors of the votes cast at. general elections, and shall be signed by the inspectors and delivered by one of their number, selected by them, for that purpose, to the justices of the peace and town clerk of the town, who shall convene and receive the same at the office of the town clerk, on the day next. following the town meeting, at ten o’clock in the forenoon. Such justices and clerk shall then and there recanvass such votes from the statements of the inspectors of the several separate or joint election districts so deliv- ered to them, and thereupon appoint in writing additional inspect- ors of election, and read and enter the results in the same manner as required of them at the close of the canvass of a town meeting presided over by them.” When the electors of a town have deter- 19. Canvass of votes by justices of the peace and town clerk. Where town meetings are held in election districts, under the provisions of this section, the justices of the peace and town clerk are required to meet on the day following the town meeting, at the office of the town clerk, at 10 o’clock in the forenoon, and recanvass the votes on the statements returned by the inspectors of the several districts. Such justices and town clerk 216 Towns, Town Mezrines anp Town OFFICERS. Town Law, § 39. mined to hold their town meetings in separate or joint districts, they may again, upon the written application of twenty-five elect- ors, at an annual town meeting, determine by ballot to return to the former system of holding but one poll at their town meetings, and thereupon their town meetings shall be held at but one poll- ing place in said town, but such changes shall not be made oftener than once in five years. [Town Law, § 38, as renumbered by L. 1897, ch. 481, and amended by L. 1899, ch. 168; Heydecker’s Gen. L. (2d ed.), p. 1415.] § 19. Vote upon propositions not requiring a ballot; vote to be by division of electors present; inspectors to enter statement of result; notice of submission of proposition. Any proposition to be submitted to and voted upon by the electors of a town at any town meeting, which is not required to be voted upon by ballot, may be submitted to the electors of the ‘town voting in separate or joint election districts of the town meeting, but the vote upon any such proposition shall be taken by a division of the electors present and voting thereon; and the inspectors shall count the number of electors so voting in favor of such proposition, and the number so voting against the same, and shall enter in the statement of the result of the town meeting held in such district a statement of the proposition so voted upon, and the number of votes so cast in favor of and against the same and certify with the statement that they are required to certify and return to the justices of the peace and town clerk of the town. No such proposition shall be so voted upon unless notice that such vote will be taken has been published by the town clerk at least one week before the town meeting, in a newspaper published in the town, if any such is published therein; and such notice are required to read and enter the results in the manner required when town meetings are not held in election districts. In the case of People ew rel. Guernsey v. Pierson, 35 Misc. 406; 75 N. Y. Supp. 993, it was held that a town canvassing board cannot be directed to recanvass the votes cast at « town meeting held in election districts and reject for irregularity certain returns unless such returns are wholly void. The following defects were held as not necessarily fatal. That the inspectors in certain districts selected one of their number as poll clerk; that in some districts the poll lists were not subscribed as required by the statute; that in one district the inspectors did not return the number of ballots which were void, but inclosed them in a sealed package which they filed with a statement of the canvass; that the supervisor of the town who took no part in the canvass was present and signed the statement. Town Meetines; Terms or Town Officers. 217 Town Law, § 42. shall also be posted for the same length of time at the place where the poll of the town meeting is to be held, in each separate or joint election district, and shall be publicly read by the inspectors to the voters present before any such vote is taken.” Any elector of the town may, by a written application filed with the town clerk at least ten days before the town meeting is to be held, require such notice to be given by the town clerk. Every such proposition shall be submitted to a vote, commencing at the hour of twelve, noon, and continuing until all such propositions have been voted upon, and every such proposition shall be submitted to the vote of the electors of the town at the poll of every separate or joint election district in the town. [Town Law, § 389, as renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1416.] § 20. Town meetings held at the time of general election; canvass of votes. If, in any town, the biennial town meeting is held at the same time as the general election, such town meeting shall be held in the election districts of such town, and be conducted by the in- spectors of election thereof. At the close of the polls at any such town meeting, the inspectors shall proceed to canvass the votes for the candidates for the several town offices in the election dis- tricts where such town meeting was held, in the same manner as the votes for other candidates cast at the general election are can- vassed. They shall make a statement of the whole number of votes cast for each candidate for a town office and deliver the same to one of the justices of the peace of the town, and, on the Thurs- day succeeding such town meeting, such votes shall be recanvassed, the additional inspectors of election in each district shall -be ap- pointed, and the result of the election declared as provided by sec- tion thirty-eight of this chapter.” In case of a contest or other proceeding in which the validity of the election of a town officer in any such town, is in controversy, the ballots cast at any town meeting and election may be examined and recounted, as provided 20. Notice of a proposition not requiring a ballot to be voted upon at a town meeting held in election districts must be given as prescribed in the above section. In would seem that where town meetings are not held in election districts such propositions may be submitted- without prior notice. See Town Law, sec. 30, ante, p. 207. 21. Canvass of votes by justices of the peace and town clerk. Where town meetings are held at the time of general elections the returns of the inspectors of election of the several election districts are to be made 218 Towns, Town Meertines anp Town OFFIcers. Election Law, §§ 16, 18. by law, in case of other officers elected at general elections. [Town Law, § 42, as added by L. 1898, ch. 363, and amended by L. 1901, ch. 891; Heydecker’s Gen. L. (2d ed.), p, 1418.] § 21. Ballots at town meetings held on election day. 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 delivery 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 ques- tions may lawfully [be] voted upon thereat, there shall be a sepa- rate 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 questions submitted.” In towns in which town meetings are held on election day, an addi- tional ballot box shall be provided, to be marked “ box for town propositions,” in which shall be deposited ballots cast on town propositions and questions. Each box used for the reception of voted ballots shall be provided with a sufficient lgck 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 L. 1900, ch. 381, and DL. 1902, ch. 405; Hey- decker’s Gen, L. (2d ed.), p. 814.] Payment of election expenses.—The expense of providing poll- ing places, voting booths, supplies therefor, guard rails and other furniture of the polling place, and distance markers, and the com- and the votes are to be recanvassed in the manner provided by section 38 of the Town Law. See ante, p. 214. Provisions of this section relating to the recanvass, when read in con- nection with section 38 of the Town Law, do not permit the justices of the peace and town clerk who made the recanvass to recount the vote; they must declare the result as it appears from the statements made by the inspectors of election, who, under the statute, make the canvass itself, Matter of Park, 37 Mise. 133; 74 N. Y. Supp. 915. .Town Meetines; Terms or Town OFFicers. 219 Election Law, § 18. pensation 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 conducting a village election, not held at the same time as a gen- eral election, shall be a charge upon the village. 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 at a town meet- ing, city or village elections not held at the same time as a general election, and of printing the 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 deliv- ering 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 such county, at any other election, and of printing the lists 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 pro- portion of the number of candidates for town, city or village .officers on such ballots, respectively, to the whole number of can- didates 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 vil- lage, 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. * * ** The county clerk of each county, ‘not salaried, shall be paid by such county a reasonable compensa- tion for his services in carrying out the provisions of this chapter. to be fixed by the board of supervisors of the county, or the board 22. Provision as to compensation of inspectors in cities of the first class omitted. 220 Towns, Town Meretines anp Town OFFICERS. Election Law, § 58. acting as such board of supervisors. The town clerk of each town shall be paid by such town a reasonable compensation for his ser- vices 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 compensation 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 in- spectors of election, and shall be paid in like manner. An in- spector 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 between. his residence and such county clerk’s office in going to and returning from such office. * * *%@ 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 L. 1900, ch. 381, and L. 1901, ch. 95; Heydecker’s Gen. L. (2d ed.), p. 315.] Places of filing certificates of nomination.—Certificates of nom- ination of candidates for office to be filled by the electors of the entire state, or of any division or district greater than a county, shall be filed with the secretary of state, except that each certificate of nomination of a candidate for member of assembly for the as- sembly district composing the counties of Fulton and Hamilton, shall be filed in the office of the county clerk of Fulton county, and a copy thereof certified by the county clerk of Fulton county, shall be filed in the office of the county clerk of Hamilton county, so long as the said counties constitute one assembly district, and except that certificates of nomination of candidates for offices to be filled only by the electors or a portion of the electors of the city of New York shall be filed with the board of elections of the city of New York. Certificates of nomination of candidates for offices to be'filled only by the votes of electors, part of whom are of New York city, and part of whom are of a county not wholly within the 22a. Provision omitted as to compensation of election officers in cities of the first class. Town Mertines; Terms or Town OFricers. 221 * Election ‘Law, § 59. city of New York shall be filed with the clerk of such county and in the office of the board of elections of said city. Certificates of nomination of candidates for offices of any other city to be elected at the same time at which a general election is held shall be filed with the clerk of the county in which such city is located. Ceertifi- cates of nomination of candidates for offices of any other city, or for officers of a village or town to be elected at a different time from a general election, shall be filed with the clerk of such city, village or town, respectively. In towns in which town meetings are held at the time of general elections, certificates of nomination of candidates for town. offices shall be in duplicate, one of which. shall be filed with the town clerk of the town in which such officers are to be voted for, and the other with the clerk of the county in which such town is located. All other certificates of: nomination shall be filed with the clerk of the county in which the candidates so nominated are to be voted for. All certificates and corrected certificates of nomination, all objections to such cer- tificates and all declination of nominations are hereby declared to be public records; and it shall be the duty of every officer or board to exhibit without delay, every such paper or papers to any person who shall request to see the same. It shall also be the duty of each such officer or board to keep a book which shall be open to public inspection, in which shall be correctly recorded the names. of all candidates nominated by certificates filed in the office of such officer or board, or-certified thereto, the title of the office for which any such nomination is made, the political or other name and emblem of the political party or independent body making such nomination; and in which shall also be stated all declinations of nominations or objections to nominations, and the time of filing each of the said papers. [Election Law, § 58, as amended by L. 1900, ch. 381, D. 1901, ch. 95, L. 1902, ch. 241, and L. 1902, ch. 405; Heydecker’s Gen. L. (2d ed.), p. 845.] The times of filing certificates of nomination.—The different certificates of nomination shall be filed within the following periods before the election for which the nominations are made, to wit: Those required to be filed with the secretary of state, if party nominations, at least thirty and not more than forty days; if independent nominations, at least twenty-five days and not more than forty days; those required to be filed with a county clerk, or the board of elections of the city of New York, or with ‘the city elerk of any other city, if party nominations, at least twenty-five 222 Towns, Town Meerines anv Town OFFICERS. Election Law, § 82. and not more than thirty-five days; if independent nominations, at least twenty, and not more than thirty-five days; those required to be filed with a town or village clerk, if party nominations, at least fifteen and not more than twenty days; if independent nomina- tions, at least ten and not more than twenty days. Except that in towns where town meetings are held at the time of general elec- tions, certificates of nomination for town offices, shall be filed with the town and county clerks, within the time required by this sec- tion for the filing of certificates of nomination with the county clerk. In case of a special election ordered by the governor under the provisions of section four of the Election Law, the certificates of nominations for the office or offices to be filled at such special election shall be filed with the proper officer or boards not less than fifteen days before such special election. [Hlection Law, § 59, as amended by L. 1900, ch. 881, L. 1901, ch. 95, and L. 1902, ch. 405; Heydecker’s Gen. L. (2d ed.), p. 346.] Form of ballot for questions submitted.— Whenever the adoption of a constitutional amendment or any other proposition or question is to be submitted to the vote of the electors of the state, or of any district thereof, a separate ballot shall be provided by the same officers who are charged by law with the duty of providing the official ballots for candidates for public office. Such ballots shall comply with the requirements of official ballots for candidates for public office, in so far as such requirements are applicable thereto. Under the perforated line shall be clearly printed, in brevier lower case type, the question of the adoption of the constitutional amend- ment or other proposition or question upon which the electors within the district for which such ballot is provided may lawfully vote. If there be more than one constitutional amendment or proposition or question to be submitted to the voters of that dis- trict, the different amendments or propositions or questions shall be separately numbered and printed, and separated by a broad solid line one-eighth of an inch wide. Opposite and before each such amendment, question or proposition, so submitted, shall be printed two squares inclosed in ruled lines, one above the other. Preced- ing the upper one of such squares shall be printed the word “ Yes,” and preceding the lower one of such squares shall be printed the word “No.” At the top of each such ballots, immediately above the perforated line, shall be printed in brevier capital type the following words only: | “ Notice to electors—For an affirmative vote upon any question submitted upon this ballot, make a cross X Town Mertines; Tzezms or Town OFFicers. 223 Election Law, § 85. mark in the square after the word ‘Yes.’ For a negative vote, make a similar mark in the square following the word ‘ No.’” All such ballots for the same polling place shall be of the same color and size, and similarly printed, so that, after the removal of the stub, which shall be numbered as in case of ballots for candidates for public office, it shall be impossible to identify or distinguish any one of such ballots from the others. On the back of each such ballot, below the stub, shall be printed in addition to the endorsement as prescribed for general ballots, the words “Ques- tions submitted,” so as to distinguish the said ballots from the official ballots for candidates for office. Ballots for the submission of town propositions and questions to be submitted at town meetings held on election day shall be printed in the manner provided by this section, but shall be endorsed “Town proposition submitted.” All ballots for the submission of town propositions for raising or appropriating money for town purposes, or for incurring a town liability, to be voted at any town meeting in any town, shall be separate from all other ballots for the submission of other proposi- tions or questions to the electors of such towns to be voted at the same town meeting or election. Such ballots shall be in the form prescribed in this section and shall be endorsed “propositions for town appropriations.” [Hlection Law, § 82, as amended by L. 1900, ch. 881, and L. 1901. ch. 598; Heydecker’s Gen. L. (2d ed.), p. 356.] Number of official ballots——The number of official ballots of each kind to be provided for each polling place for each election to be held thereat, except a village election held at a different time from a general election, shall be one and one-half times as many ballots as near as may be as there were names of electors on the register of electors of such district for such election at the close of the fourth meeting-for such registration. In cities of the first class the officer or board charged with the duty of furnishing official ballots shall furnish one and one-half times as many official bal- lots as near as may be of each kind to be provided for such election as there are electors entitled to vote thereat, as nearly as can be estimated by such officer or board. When but two days of registra- tion are required there shall be a number equal to one and one-half times, as near as may be, the number of names upon the register at the close of the second meeting for registration. The number of official ballots of each kind to be provided for each polling place for a town meeting, held at any time or a village or city election 224 ‘Towns, Town Merrrines anp Town OFFICERS. Election Law, § 86. held at a different time from a general election, shall be one and one-half times as near as may be the number of persons who will be entitled to vote thereat, as nearly as can be estimated by the officer charged with the duty of providing such ballots. [Election Law, § 85, as amended by L. 1900, ch. 881; Heydecker’s Gen, L. (2d ed.), p. 365. ] Officers providing ballots and stationery.—The clerk of each county, except those counties the whole of which are within the city of New York, 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 “ origi- nal’), 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 election, 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 elec- tion the clerk of such town, city or village, respectively, shall pro- vide such official and sample ballots and stationery for such election or town meeting. If the town meeting is held on general election day ballots and sample ballots for town propositions shall be pro- vided 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 on town propositions or questions. In towns in which town meetings are held at the time of the general elections, the names of candidates for town officers shall be printed on the same ballots as the names of candidates for other officers voted for in such towns at such general elections. And the board of elections of the city of New York shall provide such articles for each election to be held in said city. ach 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 follws: The sample ballots five days before the election, and the official ballots four days before the election for which they are prepared unless prepared 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 Town. Meretines; Terms or Town OFrficers, 225 Election Law, §§ 163, 164, 165. 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 elector who shall apply therefor, so that each elector who may desire the same may obtain a sample ballot, similar except as re- gards 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. [Hlec- tion Law, § 86, as amended by L. 1902, ch. 176, and L..1902, ch. 405 ; Heydecker’s Gen. L. (2d ed.), p. 366. ] § 22. The use and purchase of voting machines. Adoption of voting machine.—The board of elections of the city of New York, the common council of any other city, the town board of any town, or the board of trustees of any village may adopt for use at elections any kind of voting machine approved by the state board of voting machine commissioners, or the use of which has been specifically authorized by law; and thereupon such voting machine may be used at any or all elections held in such city, town or village, or in any part thereof, for voting, registering and counting votes cast at such elections. Different voting machines raay be adopted for different districts in the same city, town or vil- lage. [Hiection Law, § 163, as added by L. 1899, ch. 466, and amendcd by J. 1901, ch. 580; Heydecker’s Gen, L. (2d ed.), p 404. ] Experimental use of voting machines.—The authorities of a city, town or village authorized by the last section to adopt a voting machine may provide for the experimental use, at an election in one or more districts, of a machine which it might lawfully adopt, without a formal adoption thereof; and its use at such elections shall be as valid for all purposes as if it had been lawfully adopted. [Id., § 164; Heydecker’s Gen. L. (2d ed.), p. 404.] Providing machines.—The local authorities adopting a voting machine shall, as soon as practicable thereafter, provide for each polling place one or more voting machines in complete working order, and shall thereafter preserve and keep them in repair, and shall have the custody thereof and of the furniture and equipment of the polling place when not in use ‘at an election. If it shall be impracticable to supply each and every election district with a vot- 15 226 Towns, Town Meerines anp Town OFFICERS, Election Law, §§ 166, 182. ing machine or voting machines at any election following such adop- tion, as many may be supplied as it is practicable to procure, and the same may be used in such election district or districts within the city, town or village as the officers adopting the same may direct. [Id., § 165; Heydecker’s Gen. L. (2d ed.), p. 404.] Payment for machines.—The local authorities, on the adoption and purchase of a voting machine, may provide for the payment therefor in such manner as they may deem for the best interest of the locality and may for that purpose issue bonds, certificates of indebtedness or other obligations which shall be a charge on the city, town or village. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. [Jd., § 166; Heydecker’s Gen. L. (2d ed.), p. 405. ] Number of voters in election districts.—For any election in any city, town or village in which voting machines are to be used, the election districts in which such machines are to be used may be created by the officers charged with the duty of creating election districts, so as to contain as near as may be six hundred voters each. Such redistricting or re-division may be made at any time after any November election and on or before August fifteenth following, and when so made shall take effect immediately. Where such re-districting or re-division shall be made in any town, the board making the same shall, on or before September first following, appoint from the inspectors of election then in office—if sufficient therefor are then in office, and, if not, from persons not in office, sufficient to make up the requisite number—four inspectors of elec- tion for each election district thus created, two of whom shall belong to and be of the same political faith and opinion on state and national issues as one of the two political parties which at the last preceding general election for state officers shall have cast the greatest number of votes in said town, and the other two of whom shall belong to and be of the same political faith and opinion on state and national issues as the other of said two political parties. Thereafter no re-division of such election districts shall be made for elections by such machines until at some general election the num- ber of votes cast in one or more of such districts shall exceed seven hundred. But the town board of a town in which such machines are used may alter the boundaries of the election districts at any time after a general election and on or before August fifteenth fol- Town Mxzrtines; Terms or Town OFFicers. 227 Town Law, § 12. lowing, provided that the number of such election districts in such town shall not be increased or reduced, and the number of votes to be cast in any district whose boundaries are so altered shall not exceed seven hundred. [Jd., § 182, as amended by L. 1901, ch. 530, and L. 1903, ch. 122.] § 23. Election of town officers; vacancies in office of justice of the peace; ballots when town meeting is held at time of gen- eral election. There shall be elected at the biennial town meeting in, each: town, by ballot, one supervisor, one town clerk, two justices of the peace, three assessors, one collector, one or two overseers of the poor, one, two or three commissioners of highways, and not more than five constables ; if there shall be any vacancies in the office of justice of the peace of any town at the time of holding its biennial town meet- ing, persons shall then also be chosen to fill such vacancies, who shall hold their offices for the residue of the unexpired term for which they are respectively elected.” At town meetings in towns held at the same time as general elections, the names of all candi- dates for town offices shall be voted for in the same manner and on the same ballot as candidates for other offices voted for thereat. At such town meetings no person shall be allowed to vote for candidates 23. Election of town officers. This section applies to town and not to city supervisors, People ex rel. Clancy v. Supervisors, 189 N. Y. 524; 34 N. E. 1106. Town clerks can only be elected at town meetings. Matter of Foley, 8 Mise. 196; 28 N. Y. Supp. 611. Election of justices of the peace. The constitution provides that electors of the several towns shall at their antual town meetings, or at such other time and in such manner as the legislature may direct, elect justices of the peace, avhose term of office shall be four years. Constitution, art. 6, sec. 17. The designation contained ‘in such constitutional provision of the “annual town meeting” as to time when justices of the peace are to be elected, is equivalent to a prohibition against electing them at any other time, and while the legislature may fix the day upon which town meetings may be held, it cannot prohibit the election of justices of the peace at such meeting, or provide for their election at any other time or place. People ex rel: Smith v. Schiellein, 95 N. Y. 124. See, also, Ha parte Quackenbush, 2 Hill, 369; People v. Keeler, 17 N. Y. 370. Election of constables. Under section 22 of the Town Law (post, Pp 241), a town meeting may determine the number of constables—a num- ber not exceeding five. Where a town meeting fixes the number of con- stables at three, but only elects two, the two elected oust all those in office at the time of such election. People ex rel. Platner v. Jones, 17 Wend. 81; People v. Loomis, 8 Wend. 396; People v. Adams, 9 Wend. 333. 228 Towns, Town Muerines anp Town OFFicers. Town Law, § 13. for town offices who is not registered and entitled to vote at such general election.” [Town Law, § 12, as amended by L. 1898, ch. 363, L. 1901, ch. 536, L. 1903, ch, 57; Heydecker’s Gen. L, (2d ed.), p. 1404. ] § 24. Term of office of town officers; when town meetings are held at time of general election, term to begin on January 1 following; collector to complete duties of office. Supervisors, town clerks, assessors, commissioners of highways, collectors, overseers of the poor, inspectors of election and contables, Election to fill vacancies. Since the amendment of the Town Law by ch. 481 of the L. of 1897, providing for biennial in place of annual town meetings, which also made the terms of office of all town officers, except justices of the peace, two years, the only town office in which a vacancy can be filled by election at a town meeting is that of justice of the peace. If the office of justice of the peace is vacant at the time of holding town meet- ings, it may be filled by the electors voting at such town meeting, and the person elected shall hold his office for the residue of the unexpired term. Upon the election and qualification of such a justice to fill a vacancy, the term of office of the person appointed to fill such vacancy expires. People ex rel. Lovett v. Randall, 151 N. Y. 497; 45 N. E, 841. 24. Ballots at town meetings. Under this section the election of town officers is by ballot. The provisions of the Election Law relating to the nomination of town officers (Election Law, secs. 56 and 57; Jewett’s Election Manual, 1903, pp. 61-69), and to the certificates of nomjnations (Election Law, secs. 58, 59; Jewett’s Election Manual, 1903, pp. 69, 71), apply to town meetings. Section 63 of the Election Law (Jewett’s Election Manual, 1903, p. 73), provides that each town clerk shall cause at least ten copies of a list of all nominations to office filed with him to be conspicuously posted in ten public places in the town at least one day before the town meeting, one of which copies shall be so posted at each polling place of such town meeting. Ballots to be voted at town meetings are to be prepared in con- formity with section 81 of the Election Law. Jewett’s Election Manual, 1903, p. 89. The above section of the Town Law provides that when town meetings in towns are held at the same time as general elections, the names of candidates for town offices shall be on the same ballot as can- didates for other offices voted for thereat. This provision is now in con- formity with a similar provision contained in section 86 of the Election Law, as amended by ch. 405 of L. 1902. Section 18 of the Election Law (Jewett’s Election Manual, 1903, p. 22) contains the following provision: “‘The expense of printing and delivering official ballots, sample ballots, cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerk and distance markers, to be used in any such county at any other election, and of printing the lists 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 Town Meertines; Terms or Town. OFFicers. 229 Town Law, § 13. when elected, shall hold their respective offices for two years.” But whenever there is or shall be a change in the time of holding town meetings in any town, persons elected to such offices at the next biennial town meeting after such change shall take effect, shall enter upon the discharge of their duties at the expiration of the term of their predecessors, and serve until the next biennial town meeting thereafter or until their successors are elected and have qualified. Whenever the time of nolding town meetings in any town is changed to the first Tuesday after the first Monday in November, except when changed as provided in section forty-three 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.” Registration, When town meetings are not held at the time of general elections no registration is required. Election Law, sec. 33, last sentence; Jewett’s Election Manual, 1903, p. 41. The constitution, art. 2, sec. 4, pro- vides that “ Registration shall not be required for town and village elections except by express provision of law.” Chapter 405 of the L. of 1902 added sub. 11 to sec. 34, which reads as follows: “When a town or village election is held at the same time with the general election, all electors in such town or village to be entitled to vote at such town or village election must be registered as provided by law for the enrollment of electors for any general election in such town or village.” 25. Extension of term. It is a general rule that the term of office of a town officer cannot be extended by an act of the legislature. In the case of People ew rel. Le Roy v. Foley, 148 N. ¥. 679, 682; 43 N. E. 171, the court said: ‘The legislature cannot extend the term of a town officer after his election, since that would virtually be an appointment to the office during the period of extension. The legislature cannot appoint town officers. They must either be elected by the people of the town or appointed by such town authorities as the legislature may designate for that purpose. Con- stitution, art. 10, sec. 2. The power of appointment in such cases cannot be directly exercised by the legislature nor indirectly by extending the term of a town officer after his election. It can, of course, enlarge the official term of town officers, but such action can operate only upon officers there- after elected. Where the office is to be filled by one authority and the duration of the term is to be determined by another, the declaration of such duration must go before the filling, so that each authority may have its legitimate exercise.” See, also, People ex rel. Williamson v. McKinney, 52 N. ¥. 374; People ex rel. Lord v. Crooks, 53 N. Y. 648. When the dura- tion of the term of office is once declared by law the legislature cannot ex- tend such term so as to affect the term of the incumbent at the time of the passage of the act. People ex rel. Fowler v. Bull, 46 N. Y¥. 57. See, also People ex rel. Lovett v. Randall, 151 N. Y. 497; 45 N. E. 841. 230 Towns, Town Mretines anp Town OFFICERS. Public Officers Law, § 5. of this chapter,” the town officers elected thereat shall take office on the first day of January succeeding their election. Except that the collector elected at such town meeting in nineteen hundred and three and biennially thereafter shall take office immediately upon his election and qualification as prescribed by law. All town officers hereafter elected at a biennial town meeting held at any time be- tween the first day of February and the first day of May shall, in case a board of supervisors thereafter adopts a resolution changing the time of holding such biennial town meetings to the first Tuesday after the first Monday in November hold office until the first day of January succeeding the biennial town meeting first held pursuant to such a resolution. But the collector in each such town shall com- plete the duties of his office in respect to the collection of taxes, and the payment and return thereof, upon any warrant received by him during his term of office, notwithstanding the election of his suc- cessor. [Town Law, § 18, as amended by L. 1898, ch. 363, L. 1899, ch. 145, L. 1901, ch. 191, and L. 1901, ch. 391; Heydecker’s Gen. L. (2d ed.), p. 1404. ] § 25. Holding over after expiration of term. Every officer except a judicial officer, a notary public, a commis- sioner of deeds and an officer whose term is fixed by the constitution, having duly entered on the duties of his office, shall, unless the office shall terminate or be abolished, hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified; but after the expiration of such term, the office shall be deemed vacant for the purpose of choosing his successor. An officer so holding over for one or more entire terms, shall, for the purpose of choosing his successor, be regarded as having been newly chosen for such terms. An appointment for a term shortened by reason of a predecessor holding over, shall be for the residue of the term only.” [Public Officers Law, § 5; Heydecker’s Gen. L. (2d ed.), p. 451.] 26. Section 43 of the Town Law (ante, p. 198), referred to in the above section authorizes a town to adopt a proposition at a regular town meeting changing the date of its town meeting to the first Tuesday after the first Monday in November, known as general election day. If such a proposition is so adopted, the term of office of all officers, except justices of the peace, is two years from the date of their election. 27. Application of section. Unless expressly authorized by statute an officer is not permitted to hold over after the expiration of his term. Town Meetines; Terms or Town OFfricmrs. 231 Town Law, § 14. § 26. Number and terms of justices of the peace. There shall be four justices of the peace in each town, divided into two classes, two of whom shall be elected biennially. Such justices shall hold office for a term of four years, commencing on the first day of January succeeding their election. In each county in the state, having within its boundaries a city having a population of not less than three hundred thousand and not more than four hundred thousand, according to the last federal enumeration, the justices of the peace heretofore elected, shall hold their offices for the terms for which they were respectively elected, but except as hereinafter provided, no successors to them shall be elected. In each of said counties there shall be elected at the biennial town meeting in nineteen hundred and three, two justices of the peace whose terms of office shall begin on the first day of January succeed- ing their election, and who shall hold office for the term of four years, At the biennial town meeting in each of said counties held in nineteen hundred and five, there shall be elected two justices of the peace whose terms of office shall begin January first, sueceding their election, and who shall hold office for four years. At each biennial town meeting thereafter, there shall be elected two justices of the peace for the full terms of four years, commencing on the People v. Tiernan, 30 Barb. 193; 8 Abb. 359. Im the case of People ew rel. Woods v. Crissell, 91 N. Y. 616, it appeared that at a general election two persons were candidates for office of alderman. Two of the four inspectors signed a statement certifying that one of them had received a majority of the votes cast. The other two inspectors refused to sign the statement. It was held that until the rights of the parties were decided in the courts. and the result settled the election was to be treated as a failure so far as either of such candidates were concerned, and neither could claim any bene- fit therefrom; and that since, at such election, no successor was elected to the alderman in office, that he held over until the official determination of the result of the election and until his successor duly qualified. In the case of People ex rel. Kehoe v. Fitchie, 76 Hun, 80; 28 N. Y. Supp. 600, it was held that the failure to elect a successor of an officer does not render the office vacant, and when a supervisor of a city ward is elected he continues to hold office until his successor is elected either at a general or at a special election ordered as provided by law. In the case of People ex rel. William- son v. McKinney, 52 N. Y. 374, it was held that until a town collector shall take and subscribe an oath of office he is not qualified within the meaning of this section, and the incumbent of the office is entitled to hold over. See, also, Montgomery v. O’Dell, 67 Hun, 169, 178; 22 N. Y. Supp. 412. The term “qualified,” as used in this section and in section 13 of the Town Law, means to take an oath of office and to file an official undertaking as 232 Towns, Town Mertines anp Town OFFICERS. Town Law, § 18. first day of January succeeding the town meeting.” [Town Law, § 14, as amended by L. 1897, ch. 481, and L. 1901, ch. 488; Hey- decker’s Gen. L. (2d ed.), p. 1405.] § 27. Justices of the peace; ballots for full term and vacan- cies; officers in new towns. When the electors of any town are entitled to vote for a justice of the peace, to fill the vacancy caused otherwise than by expiration of term, each elector may designate upon his ballot the person required by law. People ex rel. Williamson v. McKinney, 52 N. Y. 374, 380. Where a town officer is lawfully holding over after the expiration of his term the office is to be deemed vacant for the purpose of electing a successor, from and after the expiration of the term for which the incumbent was chosen, although the term of the office, as distinguished from the term for which he was chosen, may have been in the meantime enlarged. People ex rel. Lovett v. Randatl, 151 N. Y. 497; 45 N. E. 841. The town officer holding over after the expiration of his term is a dé facto officer. People v. Cooper, 57 How. Pr. 416; People ex rel. Rumph v. Supervisors, 89 Hun, 38, 41; 34 N. Y. Supp. 1, 128. ; 28. Constitutional provision as to justice of the peace. The con- stitution provides (art. 6, sec. 17), as follows: “The electors of the several towns, shall, at their annual town meetings, or at such other time and in such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of the election to fill a vacancy oc- curring before the expiration of the full term, they shall hold for the residue of the unexpired teim. Their number and classification may be regulated by law. Justices of the peace and judge or justices of inferior courts not of record and their clerks, may be removed for cause, after due notice and an opportunity of being heard by such courts as are or may be prescribed by law.” Power of legislature as to office of justice of the peace. The office of justice of the peace in towns is a constitutional office and cannot be abolished by the legislature either directly or indjrectly, so long as the town exists. Not only is the office itself placed beyond the reach of hostile legisla- tion, but also the term thereof, the method of filling it, and, by implication, the method of removing the incumbent. People ex rel. Burby v. Howland, 155 N. Y. 270; 49 N. E. 775. In this case chapter 22 of the Laws of 1896, entitled “ An act to provide for the better administration of justice in the town of Fort Edward, in the county of Washington,” was under consideration. This act created the office of police justice in the town of Fort Edward and by depriving the justices of the peace in that town of fees, and by providing that such justices should not be compelled to take cognizance of criminal pro- ceedings therein it indirectly deprived such justices of their jurisdiction, and it was held to constitute a pro ranto abolition of the office of justice of the peace, and it was to that extent unconstitutional. The court, in effect, de- Town Mzetines; Terms or Town OFrricers. 233 Town Law, § 18. intended for a full term and for a vacancy, and if there are two vacancies, they may be designated as the longer and the shorter vacancy; and if three vacancies, the longer, shorter and shortest vacancy, and each person having the greatest number of votes with reference to each designation, shall be deemed duly elected for the term or vacancy designated. If ballots are voted without designa- tion, the first name on the ballct shall be deemed as intended for the full term of the office voted for, the second name for the longer vacancy, the third name for the shorter vacancy and the fourth cided that it is not in the power of the legislature to enact that justices of ‘the peace in the state at large shall have certain powers and duties, except in one certain town, and that there only they shall not have those duties, and if they voluntarily attempt to discharge them, they shall have no power to enforce their judgment. In the case of Matter of Gertum, 109 N. Y. 170; 16 N. E. 28, the court said: “It is undoubtedly beyond the power of the legislature by direct legislation, to abolish the office of justice of the peace in towns, or shorten their term of office so long as the town exists, but they have an unquestioned right to alter and change the limits of their jurisdiction or abolish the town organization altogether, provided it be done in good faith and for proper constitutional objects. The whole force and effect of the provision in relation to justices is satisfied by enforcing it, so long as there is a town organization in ex- istence authorized under the constitution to elect justices of the peace and requiring the performance of their functions in the government of the town.” In the case of People ex rél. Clark v. Treacy, 46 App. Div. 216; 61 N. Y. Supp. 288, which arose under chapter 439 of the Laws of 1897, providing for the holding of town meetings in the towns in the counties of Orange, Rock- land and Sullivan, it was held that the provisions of that act for the election of a justice of the peace to take office before the expiration of the full term of his predecessor was unconstitutional. This act also contained a pro- vision for the election of a justice of the peace at a town meeting to be held in the year 1897, to take office on the first of January, 1899, instead of at a town meeting held immediately preceding such first day of January, 1899. The court intimated that the legislature could not direct the election of a constitutional officer at a date earlier than that of the election which next precedes the expiration of the term of the existing incumbent, and that, therefore, such provision of the statute was invalid. Removal of justice of the peace. Section 18, art. 6, of the constitu- tion provides that justices of the peace may be removed from office by such courts as may be prescribed by law, and the legislature by law prescribed the Appellate Division of the Supreme Court as the court to be vested with such power (see sec. 132 of the Code of Criminal Procedure), and it is the only court that the legislature has vested with such power. Matter of Pres- cott, 77 Hun, 518; 28 N. Y. Supp. 928. 234 Towns, Town Merrines anp Town OFFICERS. Town Law, §§ 19, 20, 57. name for the shortest vacancy.” The provisions of this section shall apply to new towns erected ; and officers to be elected in such towns, except for a full term, shall be deemed elected to fill vacancies. [Town Law § 18, as renumbered and amended by L. 1897, ch. 481; Heydecker’s Gen, L. (2d ed.), p. 1408.] § 28. Justices in new towns; upon erection of new towns, or annexations, justices of the peace, how to hold office. If there be one or more justices of the peace residing in a new town, when erected, they shall be deemed justices of the peace thereof, and shall hold their offices according to their respective classes; and only so many shall be elected as shall be necessary to complete the number of four for the town. [Town Law, § 19, as renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1409.] If by the erection of a new town or the annexation of a part of one town to another, there shall at any time be more than four justices of the peace residing in any town, they shall hold and exer- cise their offices in the town in which they reside, according to their classes respectively ; but on the expiration of the term of office of two or more justices, being in the same class, only one person shall be elected to fill the vacancy in that class. Whenever by the erec- tion of a new town, or the annexation of a part of one town to another, any town shall be deprived of one or more justices of the peace, by their residence being within the part set off, the in- habitants of such town shall, at its next annual town meeting, sup- ply the vacancy so produced in the classes to which such justices belong. [Town Law, § 20, as renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1409.] § 29. Certificate of election of justice of the peace. The town clerk of each town shall, within ten days after the election of a justice of the peace has been declared, transmit to the clerk of his county a certificate showing the result of such election under his hand, which shall be presumptive evidence of the fact 29. Ballots for full term and vacancies. The provisions of the above section of the Town Law relating to ballots containing the names of candi- dates for vacancies in the office of justice of the peace is to be construed in connection with sec. 81 of the Election Law. ‘Town Mretines; Terms or Town OFFIcers. 235 Town Law, § 15. therein certified.” [Town Law, § 57, as amended by L. 1898, ch. 863; Heydecker’s Gen. L. (2d ed.), p. 1421.] § 30. Commissioners of highways; number of, how deter- mined. The electors of such town may, at their biennial town meeting, determine by ballot whether there shall be elected in their town one, two or three commissioners of highways. Whenever any town shall have determined upon having two or three commissioners of highways and shall desire to have but one, the electors thereof may do so by a vote by ballot taken at a biennial town meeting,” and when such proposition shall have been adopted no other commis- sioner shall be elected or appointed until the term or terms of those in office, at the time of adopting the proposition shall expire or become vacant and they may act until their terms shall severally expire or become vacant as fully as if two or three continued in office. When there shall be but one commissioner of highways in any town, he shall possess all the powers and discharge all the duties of commissioners of highways as prescribed by law. In towns of less than two square miles in area, where five-sixths of the territory shall consist of an incorporated village or villages, the office of highway commissioner is hereby abolished and the powers and duties heretofore performed by him shall devolve upon the town board of such town together with such further power and au- thority over highways, streets and bridges as are now possessed by 30. For form of certificate of election of justices, see Form No. 19, post. Duties of county clerk. The clerk of each county is required by section 67 of the Town Law, post, p. 272, to report to the district attorney of the county an omission of a town clerk to transmit a certificate of the election of a justice of the peace as required by the above section. 31. Submission of proposition as to number of commissioners. Section 32 of the Town Law (ante, p. 208), prescribes the necessary pro- cedure for the submission of a proposition at a town meeting. This section applies to a determination of the number of commissioners to be elected in the town under the above section. It follows, therefore, that a written ap- plication must be made for the submission of such a proposition, and that notice must be given by the town clerk of such proposed determination as provided in such section. When a town has determined upon having two or three commissioners of highways. the town board may divide the town into highway commissioner districts. See Highway L., sec. 25, post, p. 598, as amended by L. 1903, ch. 57. As to determination by electors, see People ew rel. Lovett v. Randall, 151 N. Y. 497; 45 N. E. 41. 236 Towns, Town Meetines anp Town OFFICERS. Town Law, § 16. or that may be hereafter granted to boards of trustees of villages of the third class. The provisions of this act shall not affect or abridge the term of office of any highway commissioner elected prior to the passage of this act. [Town Law, § 15, as renumbered and amended by L. 1897, ch. 481, L. 1901, ch. 588, and L, 1903, ch, 57; Hey- decker’s Gen. L. (2d ed.), p. 1406.] § 31. Overseers of the poor; determination of number; resolu- tion to be voted for; appointment of overseer by town board. The electors of each town may, at their biennial town meeting, determine by resolution whether they will elect one or two overseers of the poor, and the number so determined upon shall be thereafter biennially elected for a term of two years. Whenever any town shall have determined upon having two overseers of the poor, the electors thereof may determine by a resolution at a biennial town meeting, to thereafter have but one, and if they so determine there- after no other overseer shall be elected or appointed, until the term of the overseer continuing in office at the time of adopting the reso- lution shall expire or become vacant, and the overseer in office may continue to act until his term shall expire or become vacant.” The electors of any town may, at any biennial or regularly called special town meeting on the application of at least twenty-five resident tax- payers whose names appear upon the then last preceding town assessment, adopt by ballot a resolution that there shall be appointed in and for such town one overseer of the poor.” If a majority of the ballots so cast shall be in favor of appointing an overseer of the poor, no overseer of the poor shall thereafter be elected in such town except as hereinafter provided, and the overseers of the poor of such town elected at the town meeting at which such resolution is adopted or who shall then be in office shall continue to hold office for the terms for which they were respectively chosen; and within thirty day before the expiration of the term of office of such elected over- 32. A resolution for the determination of the question as to whether one or two overseers of the poor shall be elected in the town may be sub- mitted to the electors upon motion without a ballot under sec. 30 of the Town Law. (See p. 207, ante.) 33. The question of the appointment of an overseer of the poor must ‘pe submitted on a written application of at least twenty-five resident tax- payers and must be voted upon by ballot. The provisions of section 32 of the Town Law relating to the submission of propositions to be voted upon by ballot at a town meeting are applicable to the submission of such question. See ante, p. 208. Town Mezetines; Terms or Town Orricers. 237 Town Law, § 16. seer whose term expires latest, the town board of such town shall meet and appoint one overseer of the poor for such town, who shall hold office for one year from the first day of May next after his appointment; and annually in the month of April in each year thereafter an overseer of the poor shall be appointed by the town board of such town for the term of one year from the first day of May next following such month of April. Each overseer of the poor so appointed shall execute and file with the town clerk an offi- cial undertaking in such form and for such sum as the town board may by resolution require and approve.“ An overseer of the poor, so appointed, shall not hold any other town office during the term for which he is so appointed, and if he shall accept an election or appointment to any other town office he shall immediately cease to be an overseer of the poor. If a vacancy shall occur in the office of an overseer of the poor, so appointed, such vacancy shall be filled by the town board, by appointment, for the balance of the unexpired term. The compensation of an overseer of the poor so appointed, shall be fixed by the town board of such town, but shall not exceed, in any one year, the suv of one thousand dollars, and shall be a town charge.” At any subsequent town meeting after the expira- tion of three years from the adoption of a resolution by any town to appoint an overseer of the poor, the electors of the town may deter- mine by ballot to thereafter elect one or more overseers of the poor, and if they determine so to elect, then at the next biennial town meeting thereafter one or more overseers of the poor shall be elected in pursuance of the laws regulating the election of overseers of the 34. Undertaking of overseer. The above section requires an under- taking of an overseer of the poor appointed as provided therein, which must be in such form and for such sum as the town board may by resolution re- quire and approve. A provision for the approval of the undertaking of an overseer so appointed by the town board would, therefore, seem to supersede the provisions of section 62 of the Town Law (see post, p. 262), to the effect that an undertaking of an elected or appointed overseer must be approved by the supervisor. The undertaking of an overseer elected under the above section of the Town Law would be subject in every respect to the provisions of such section 62. The provisions of section 66 of the Town Law (post, p. 266), apply to the undertaking of an overseer of the poor, whether elected or appointed. / 35. Compensation of overseer. The compensation of an overseer appointed under the above section may be fixed by the town board. The compensation of elected overseers is fixed by section 178 of the Town Law at $2.00 per day. 238 Towns, Town Meetines anp Town OFFIcERs. Domestic Commerce Law, § 14; Town Law, § 41. poor, and the term or terms of the overseer or overseers first so elected shall commence upon the expiration of the term of office of the overseer of the poor last theretofore appointed in pursuance of law, and shall expire as though each such term commenced at the time of election; and their successors shall thereafter be elected in pursuance of law. [Town Law, § 16, as renumbered and amended by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1407.] § 32. Town sealer of weights and measures. There shall be a town sealer of weights and measures in each town, to be appointed by the town board, and hold office during its pleasure. He shall take charge of, and safely keep the town stand- ards, and see that the weights, measures, and all apparatus used in the town which are brought to him for that purpose, conform to the town standards. [Domestic Commerce Law, § 14; Heydecker’s Gen. L. (2d ed.), p. 2804.] § 33. Special constables; appointment and powers. The supervisor and two justices of the peace of any town may, when in their judgment necessary for the preservation of the public peace during any period of three days or less, appoint five or less special constables of such town for such period. Duplicate certifi- cates of the appointment, signed by such supervisor and such justices of the peace as such, shall be delivered to each of such spe- cial constables, 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 constables 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 subject to all the duties and liabilities of. a constable of such town in all criminal actions and proceedings and special proceedings 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, § Town Mertines; Terms or Town OFricers. 239 Election Law, § 11. 41, as.added by L. 1892, ch. 252, and renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1417.] § 34. Election officers; their designation, number and qualifi- cations. There shall be in every election district of this state the follow- 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 other 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 under- standingly, 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 whieh he is to serve, or who has been convicted of a felony and not restored to citizenship, or who holds any public office except notary public or commissioner of deeds, town or village assessor, justice of the peace, village trusee, water commissioner, officer of a schoo] district, overseer of high- way, whether elected or appointed, or who is employed 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 appointed the qualifications rquired of them by this section shall be determined by an examina- tion by or under the direction of the appointing board or officer. [Election Law (L. 1896, ch. 909), § 11, as amended by L. 1897, ch. 410, DL. 1899, ch. 630, and L. 1901, ch. 536; Heydecker’s Gen. L. (2d cd.), p. 808.) [Subd. 2, creating a board of elections in New York city, was added by L. 1901, ch. 95, but is omitted as not applicable to coun- ties outside of New York city.] 240 Towns, Town Mretines anp Town OFFICERS. Election Law, § 13. § 35. Election officers in towns at general elections; poll clerks and ballot clerks. Inspectors of election in towns shall be appointed by the town board in each year in which a town meeting is held for the election of town officers, and within thirty days thereafter. Such appoint- ments shall be made from lists to be prepared, certified and filed in the manner hereinafter provided, by the two political parties en- titled 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 officers shall prepare a list containing the names of at least two persons, qualified to serve as inspectors of election, for each election district in said town, which lists shall be certified by the presiding 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 per- sons who possess the qualifications prescribed by law for election officers. If in any town more than one such list be submitted 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 officer or officers of the fac- tion of such party, which, at the time of the filing of such list is recognized as regular by the state committee of such party. Such appointment shall be made in writing and filed with the town clerk who shall forthwith notify each person so appointed of his appoint- ment 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 meet- ing 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 resignation, declination or other incapacity of persons appointed to such office. If such lists contain no additional names of such persons, the town board shall fill vacancies caused by such resignation, 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 Town Mertines; Terms or Town OFFicrrs. 241 Town Law, § 22. 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 election represent- ing one of the political parties entitled to representation 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 inspectors 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 post-office 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 here- after 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 required of such officers by section eleven of this act. If 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 of a ballot clerk of such district shall be vacant, or a poll clerk or a ballot clerk shall be absent, the inspectors of election in such dis- trict shall forthwith anand a person to fill such vacancy. Such person so appointed shall, before he acts as such poll clerk or ballot clerk, take the eansiieitionel and statutory oaths of office. [Election Law (L. 1896, ch. 909), § 13, as amended by L. 1901, ch. 536; Heydecker’s Gen. L. (2d ed.), p, 312.] § 36. General powers of biennial town meetings. The electors of each town may, at their biennial town meeting: 1. Determine what number of constables, not exceeding five, and pound- ‘masters shall be chosen in their town for the then ensuing two years.” 2. Elect such town officers as may be required to be chosen; 36. Number of constables. If a town meeting has duly fixed the num- ber of constables, votes cast for more candidates than the number limited are wholly void. People v. Loomis, 8 Wend. 396. The determination of the number must be by formal resolution (People v. Adams, 9 Wend. 333), although, of course, such resolution is not required to be voted on by ballot. See, also, People ex rel. Planter v. Jones, 17 Wend. 81. 16 242 Towns, Town Mezetines anp Town OFFICERS. Town Law, § 22. 3. Direct the prosecution or defense of all actions and proceed- ings in which their town is interested, and the raising of such sum therefor as they may deem necessary ;” 4. Take measures and give directions for the exercise of their corporate powers ; 37. Prosecution of actions and proceedings. Where cause of action exists in behalf of a town, and no officer is by statute authorized to prosecute for such cause of action, the town meeting may direct such an action to be brought, and may appoint an agent to prosecute it; but such suit must be brought in the name of the town. Cornell v. Town of Guilford, 1 Den. 510. In this case the electors of a town at a town meeting directed the commis- sioners of highways to prosecute a turnpike company for entering upon and taking possession of a public highway and bridge in that town, and the com- missioners accordingly brought suit for that cause of action in their own name, and failing to succeed, judgment was rendered against them. It was held that such commissioners could not sustain an action against the town for reimbursement for their costs and expenses, and for costs recovered against them in the suit. The resolution in this case would have been valid if it had authorized the commissioners to prosecute a suit against the turn- pike company in the name of the town. A resolution directing the prosecution of actions and proceedings should be formally drawn up and submitted to the electors of the town and be duly entered upon the minutes kept by the clerk of the town meeting. Town of Lyons v. Cole, 3 T. & C. 481; Denton v, Jackson, 2 Johns. Ch. 336. In the’ case of Lyons v. Cole, it appeared that a town resolution was adopted au- thorizing the supervisor to bring an action to restrain commissioners ap- pointed for the issue of town bonds, from disposing of the bonds until the rights of the town were protected; the supervisor employed attorneys who, with his consent, brought an action in the name of the town against the com- missioners, attacking their authority to issue the bonds, and asking judgment that the issue be declared void. It was held that the action was unauthorized by the resolution and that the defendant’s motion to dismiss the complaint and stay the proceedings was proper. In the case of Town of Delhi v. Graham, 3 Hun, 407; 6 T. & C. 49, the fact that an action had been brought in behalf of the town was announced at a town meeting and received without objection; it was held that a motion by , the defendant for a stay of proceedings on the ground that the use of the name of the town was unauthorized should be denied, since there had been no fraudulent use of the name although the action was not formally brought. It is not necessary, in an action brought pursuant to the authority granted by a town meeting, to aver in the complaint and proof on the trial that action had been taken by «a town meeting authorizing the prosecution of the suit, in order to entitle a town to recovery upon a cause of action shown to exist in its favor. Town of Fort Covington v. U. 8. & Canada R. R. Co., 1 App. Div. 223; 40 N. Y Supp. 313; affd. 156 N. Y. 702. The court remarked in this case that: “If the defendants had any advantage, arising from such an omission, and wished to secure it, they should have moved to dismiss the action on that ground. It is not in my judgment one of the issues to be tried Town Muetines; Terms or Town Officers. 243 Town Law, § 22. 5. Make provisions and allow rewards for the destruction of noxious weeds and animals, as they may deem necessary, and raise money therefor ;” in the action. Whether plaintiffs have legal authority to sue can only be pre- sented on motion.” Power of town to borrow money to pay expenses of actions. An action having been commenced by certain taxpayers to restrain the enforce- ment of certain town bonds and to have the law under which they were issued adjudged unconstitutional, a resolution was adopted at an annual town meeting authorizing the supervisor of the town, on consent of the plaintiffs in said action, to assume control thereof, prosecute it to a final determina- tion and pay all the expenses; and for that purpose to borrow on the credit of the town all needed sums of money. A supervisor acting in accordance with the resolution, borrowed money on the credit of the town, giving its notes therefor, which money was used for the purpose specified. In an action upon the notes it was held that, assuming the electors of the town had power _to authorize its supervisor to take control of the pending action; also, that it might be treated as if commenced in the name of the town or its super- visor, and that such electors had power to direct money to be raised for prosecuting that action, still the action upon the notes was not maintainable. Wells v. Town of Salina, 119 N. Y. 280; 23 N. E. 870. This case was de- cided entirely upon the question of the authority of a town to borrow money upon credit to meet town charges. Judge Earl said in his opinion in this ease: “It is the policy of the laws that town charges shall be met by an- nually recurring taxation, and thus extravagance and improvidence are in some degree checked, as those who create town charges or are the taxpayers when: they arise, must bear the burden of taxation to meet them. It is quite easy for the taxpayers of to-day to create a debt which they are not to feel and which the taxpayers of the future are to discharge. The system of laws relating to towns requires that all bills for moneys expended or materials furnished or services rendered to the town shall be verified and presented to the board of town auditors and audited by them, and then enforced by war- rants of the boards of supervisors against the taxpayers of the town. This whole system would be subverted if towns could borrow money upon credit to meet town charges. Then the money would have to be repaid whether the town had had the benefit thereof or not, and the wise provisions of the statutes to secure economy and safety by the audit of accounts would be entirely frustrated.” 38. Noxious weeds. Under sec. 12, sub. 7, of the County Law, ante, p. 47, boards of supervisors are authorized to make such laws and regula- tions as they may deem necessary for the destruction of wild and noxious animals and weeds within the county. It is the duty of the overseer of highways to cause noxious weeds within the bounds of the highways to be cut down or destroyed twice in each year. See Highway Law, sec. 20, sub. 3, post, p. 617. It is made the duty of owners or occupants of lands adjoining highways to cut noxious weeds, brier and brush growing upon the lands within the bounds of the highway twice in each year. See Highway Law, secs. 70, 71, post, p. 654. 244 Towns, Town Meretines anp Town OFrrFicers. Town Law, § 22. 6. Establish and maintain pounds at such places within their town as may be convenient ;” 7. Direct public nuisances in their town, affecting the security of life and health, to be changed, abated or removed and raise a sum of money sufficient to pay the expense thereof ;* 8. Make from time to time such prudential rules and regulations as they may think proper, for the better improving of all’ lands owned by their town, in its corporate capacity, whether common or otherwise ; for maintaining and amending partition or other fences around or within the same, and directing the time and manner of using such land.” 39. Pounds. As to the erection of pounds and the appointment or election of pound masters, see Town Law, secs. 34, 35, post, p. 246. 40, Public nuisances. A public nuisance as a crime is defined by section 355 of the Penal Code. Public nuisances which are detrimental to the pub- lic health are within the jurisdiction of the local board of health and are abated or removed subject to the provisions of the Public Health Law, secs. 26-31, post, p. 863. See Boyce’s Health Officers Manual, pp. 28-29. The whole subject of abatement of public nuisances affecting public health is included within the provisions of these sections of the Public Health Law, and the jurisdiction of the town board of health is sufficiently extensive to provide for all cases which may arise. It is therefore seldom that a town meeting will be called upon to direct the abatement of public nuisances. 41. Town lands. It is a settled rule of the common law that a com- munity not incorporated cannot purchase and take lands in succession, Hornbeck v. Westbrook, 9 Johns. 73; but in the case of Vail v. L. I. R. R. Co., 106 N. Y. 283; 12 N. E. 607, it was held that the acquisition by a town of a fee in land for highway purposes by voluntary grant is within the powers conferred upon it by statute. It is possible that the provisions of section 2 of the Town Law (ante, p. 187), to the effect that a town is a municipal cor- poration, would modify the common law rule and authorize an acquisition of lands by towns for legitimate town purposes. Questions have arisen in certain towns, especially those erected on Long Island as to the rights of towns in respect to lands deeded to them under colonial grants. The title to common lands held by a town under colonial grants is in the town as a corporation and is subject only to the trust for public use. People v. N. Y. & Manhattan Beach Ry. Co., 84 N. Y. 565. In the case of Lawrence v. Town of Hempstead, 155 N. Y. 297; 49 N. E. 868, this whole question was thoroughly considered and it was held that the colonial patents to the town’ of Hempstead vested the ownership in that town in its corporate capacity, and not in the patentee’s name in the grant nor in the inhabitants of the town. It is stated in this case that the early mode of dividing such lands among the patentees, or their associates or successors was by the “fencing order.” This division when duly made at a town meet- ing was held to operate as a valid source of title and the court intimated that it is too late after the lapse of two hundred and fifty years to criticise, Town Mertines; Terms or Town Orricers, 245, Town Law, § 22. 9. Make like rules and regulations for ascertaining the sufficiency of all fences in such town and for impounding animals, impose such penalties on persons offending against any rule or regulation estab- lished by their town, excepting such as relate to the keeping and maintaining of fences, as they may think proper, not exceeding ten dollars for each offense, and apply the same, when recovered, in such manner as they may think most conducive to the interests of their town ;” on account of the absence of legal forms, transfers on which the titles of great communities are based... In the case of People ex rel. Averill v. Works, 7 Wend. 486, it was held that electors could at a town meeting adopt regulations for the improvement of town lands. As to trespass on town lands, see Foster v. Rhoades, 19 Johns. 191; Emans v. Turnbull, 2 Johns, 313. 42. Sufficiency of fences. The electors of each town have, under the above section of the Town Law, the power at their biennial town meeting to make rules and regulations for ascertaining the sufficiency of all fences in the town. When the sufficiency of a fence shall come in question in any suit, it shall be presumed to have been sufficient until the contrary is established. Railroad corporations are required under the Railroad Law to erect and maintain fences on the sides of their road of the height and strength suffi- cient to prevent cattle, horses, etc., from going upon the road from the adja- cent lands. Railroad Law, sec. 32; Heydecker’s Gen. L. (2d ed.), p. 3,270. In the case of Leyden v. N. Y. C. & H. R. R. R. Co., 55 Hun, 114, it was held that in the absence of action by a town meeting establishing a height and strength of division fences it was competent to show in a town what the height and strength of such fences generally were, and the court, also, in this case, held that although the fence erected by the railroad corporation was in the first instance higher and stronger than was necessary, that if it permits a portion of such a fence to be broken down and cattle escape through the same upon the railway lands, the company is liable for damages done to such cattle. As to the erection and maintenance of division fences of owners of lands, see Town Law, secs. 100-109, post, p. 447, Section 107 of the Town Law provides that: “Whenever the electors of any town shall have made any rule or regulation prescribing what shall be deemed a sufficient division fence in such town, any person who shall thereafter neglect to keep a fence according to such rule or regulation, shall be precluded from recovering com- pensation for damages done by any beast lawfully kept upon the adjoining lands that may enter therefrom on any lands of such person, not fenced in conformity to the said rule or regulation, through any such defective fence.” Where the electors of the town at a regular town meeting, prescribe or de- termine what shall be a sufficient lawful fence in their town, no person can maintain an action for the trespass committed by cattle which enter the plaintiff’s Jand through a fence which is not sufficient according to the rule preseribed at such town meeting. Griffin v. Martin, 7 Barb. 297; Harden- burgh v. Lockwood, 25 Barb. 9. 246 Towns, Town Mrertines anp Town OFFICERS. Town Law, §§ 22, 34, 35. 10. In towns bound to support their own poor, direct such sums to be raised, as they may deem necessary for such purpose, and to defray any charges that may exist against the overseers of the poor in their town ;” 11. Determine any other question lawfully submitted to them ; 12. Direct the sale and conveyance by the supervisor in the name of the town of property owned by it. [Inserted by L. 1900, ch. 377, taking effect April 11, 1900. ] Every order or direction, and all rules and regulations made by any town meeting, shall remain in force until the same shall be altered or repealed at some subsequent town meeting. [Town Law, sec. 22, as renumbered and amended by L. 1897, ch. 481; Hey- decker’s Gen. L. (2d ed.), p. 1409. ] § 37. Erection or discontinuance of pounds; election of pound- masters. Whenever the electors of any town shall determine at an annual town meeting, to erect one or more pounds therein, and whenever a pound shall now be erected in any town, the same shall be kept under the care and direction of a pound-master, to be elected or ap- pointed for that purpose. The electors of any town may, at annual town meeting, discontinue any pounds therein. [Town Law, § 34, as renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1413.] Pound-masters may be elected either (1) by ballot; (2) by ayes and noes, or (3) by the rising or dividing of the electors, as the electors may determine. [Town Law, § 35, as renumbered by L. 1897, ch. 481; Heydecker’s Gen. L. (2d ed.), p. 1414. ] 43. Support of poor. If the proposition to raise money for the support of the poor calls for an amount exceeding $500 it must be voted upon by ballot. (Town Law, sec. 31, ante, p. 207.) The expenditure of money for the relief of the poor is treated in a subsequent chapter. See chs. 38, 39, post. Town Houses, Locx-urs anp CEMETERIES. 244 Town Law, § 190. CHAPTER XXVIII. TOWN HOUSES; LOCK-UPS; TOWN CEMETERIES. SEcTION 1. Town meeting may vote sums of money for town house. 2. Purchase of site for and erection of town house. ‘ 3. Erection of lock-ups; town meeting may provide for; detention of prisoners. . Town burial grounds; trustees may be elected; powers of trustees. . Trustees to lay out grounds; free lots; sale of lots. . Burial grounds; when to belong to town. . Burial grounds in district annexed to city, village or another town. Ia oP § 1. Town meeting may vote sums of money for town house. The electors of any town in which there shall not be a town house, at any biennial town meeting, or at a special town meeting lawfully called by the town clerk, may vote by ballot any sum of money for the purchase of a site and the building of a town house, or for the purpose of contributing to the erection of a building for the joint use of the town and of an incorporated village within its limits. An elector shall not be entitled to vote upon a proposition submitted for the purposes of this section, unless he or his wife is the owner of property in the town assessed upon the last preceding assessment roll thereof. A special town meeting shall not be called under this section within one year from the meeting at which a proposition for the purposes specified herein has been submitted.’ If such sum is 1. Effect of section upon special act. In the case of Barker v. Town of Floyd, 61 App. Div. 92; 69 N. Y. Supp. 1,109, it was held that chapter 360 of the Laws of 1865, which was a special act authorizing the town of Floyd to erect a town hall, and to make provision for the payment of the expense thereof, was passed to provide for the present necessity and was superseded by the above section of the Town Law which prescribes a uniform rule upon the subject. The court said: “We think it manifest, therefore, that the Town Law was designed to prescribe a general rule uniform throughout the state with reference to expending money for the purchase of sites and the erection of town halls, and that there no longer remains any necessity for the existence of the special act of 1865. It is now a well settled rule of statu- tory construction that a general statute covering the same subject matter and containing new provisions and manifestly designed by the legislature to embrace the entire law upon the subject, operates to repeal by implication a former general or special statute, even though the two are not repugnant.” Form of proposition. The above section of the Town Law permits the ‘248 Towns, Town Muretines anp Town OFFICERS. Town Law, § 190. not raised by tax in one instalment the town board of such town may borrow the sum necessary to purchase such site and build suc’ house 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 date of issue, 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 pay- ment of the indebtedness in equal annual instalments, the first of which shall be payable not more than tive years from their date. They shall bear interest at a rate not exceeding five per centum per annum and shall be sold at 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, 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 number of each bond, its date, amount, rate of interest, when and where payable, and the purchaser thereof or person to whom they are issued. The board of supervisors of the county may cause the sum so voted or the amount of any bonds issued for such purpose to be voting by the electors of the town of money for the purchase of a site and the building of a town house, and authorizes the voting of money for the erection of a town house alone, where the town expects a suitable site to be donated. The proposition submitted to the electors need not include the location of the contemplated site. People ex rel. Cromwell v. Seaman, 59 App. Div. 76; 69 N. Y. Supp. 55. Special town meetings. Special town meetings for the purpose of voting upon a proposition for the erection of a town house must be called in accordance with the provisions of section 23 of the Town Law, ante, p. 200, that is upon written application signed by twenty-five taxpayers, addressed to the town clerk. Notice of a special town meeting must be posted ten days prior thereto in the manner prescribed by section 24 of the Town Law, ante, p. 202. A proposition for the erection of a town hall must be voted upon by ballot and the notice that such a proposition is to be so voted upon at a town meeting must he posted by the town clerk in the manner provided by section 32 of the Town Law, ante, p. 208. Such section 32 of the Town Law also requires a written application of the taxpayers demanding a vote upon the proposition and plainly stating its terms, to be filed with the town clerk at least twenty days before the town meeting at which it is to be voted upon. Town. Houses, Locx-urs anp CEMETERIES. 249 Town Law, §§ 191, 192. collected with the other expenses of the town.” [Town Law, § 190, as amended by L. 1899, ch. 531, L. 1900, ch. 295, and L. 1901, ch. 598; Heydecker’s Gen. L. (2d ed.), p, 1452.] § 2. Purchase of site for and erection of town house. Sites shall be purchased and houses erected by the town board in the name of the town, and shall be controlled by the town board; and the electors may, from time to time, vote such sum of money as may be necessary to keep any town house in repair and insured, except where the building is to be erected. within, the limits of an in- corporated village and the town is to contribute but a part of the expense of erecting the building, in which case the town board and the board of trustees of the village shall agree upon the terms and conditions of the use, management, control and repair of the por- tion of the town-house for town and village purposes respectively.’ [Town Law, § 191; Heydecker’s Gen. L. (2d ed.), p. 1453. ] § 3. Erection of lock-ups; town meeting may provide for; detention of prisoners. The electors of each town, upon the application of ten free- holders of the town, may, by ballot at their annual town meeting, direct the erection of one or more houses of detention, or lock-ups, for the detention of persons committed by the magistrates thereof, and direct such sums to be raised in their town by tax, for the ex- pense of building, or of maintaining the same, as they may deem necessary. Such houses of detention, or lock-ups, may be used for the purpose of temporarily keeping and confining all persons arrested by any constable or officer in the town prior to trial or ex- amination, or committed by any magistrate of the town pending 2. Issue of bonds. This section contains directions in detail for the borrowing of money and the issue of bonds for the payment of the cost of the erection of a town house. The general Municipal Law, sections 4-11, provide generally for the issue of municipal bonds and will control bonds issued for the erection of town houses unless the provisions thereof are in conflict with the provisions of the above section. 3. Selection of site. In the case of People ex rel. Cromwell v. Seaman, 59 App. Div. 76; 69 N. Y. Supp. 55, the court said: “Section 191 of the statute provides that: ‘Sites shall be purchased and houses erected by the town board in the name of the town, and shall be controlled by the town board.’ While the law is wholly silent on the express subject of the selec- tion of a site, the authority here conferred is sufficient to include the choice of a site as a necessary incident to its purchase, just as the adoption of a plan, including the selection of material, design, etc., must be deemed to be embraced within the authority given to build the house.” 250 Towns, Town Mezsrtines anp Town OFFICERS. Town Law, § 193. trial or examination before such magistrate, or after commitment to a county jail by a magistrate, when immediate removal to the county jail can not be made, and only until he can be conveniently removed to such jail." [Town Law, § 192; Heydecker’s Gen. L. (2d ed.), p. 1458.] § 4. Town burial grounds; trustees may be elected; powers of trustees. The electors of any town may, at an annual town meeting, choose three persons to act as a board of trustees of any burial-grounds within the limits of and belonging to the town, as such electors may designate, and direct the supervisor of the town to convey by deed to such board of trustees, and their successors in, office, for the purposes hereinafter menioned: the lands already comopsing such grounds; and also any other lands that may be hereafter acquired for the purpose of enlarging such grounds. Such trustees shall hold office for a term of two years. Such boards of trustees and all boards of trustees heretofore created, pursuant to chapter forty-six of the laws of eighteen hundred and seventy-three, are hereby de- clared to be corporate bodies, under the name of the board of trus- tees of the cemetery, for which they are chosen respectively, capable of suing and being sued as such, and of taking and holding gifts and bequests of personal property for the care and improvement of the cemeteries under their charge, or any lot therein. The terms of office of the trustees of the burial grounds in any town chosen pursuant to this section or chapter forty-six of the laws of eighteen hundred and seventy-three shall expire at the annual town meeting held in such town in the year eighteen hundred and ninety-nine, and at such annual town meeting, and at the annual town meeting held in such town every second year thereafter, the electors thereof shall elect a board of three trustees of the burial grounds within the limits of and belonging to the town.” [Town Law, § 193, as amend- 4. Use of lock ups. Town lock ups can only be used for the purpose of temporarily keeping and confining persons arrested by peace officers prior to trial or examination. No sentence of a prisoner can be made to the lock-up. As soon as the prisoner is convicted he must be committed and taken immediately to the county jail or other penal institution to which he is sentenced. 5. Laws of 1873, ch. 46, referred to in this section was repealed by the Town Law and its provisions were incorporated in the above section and the section following. As to the control of boards of supervisors over the in- corporation of rural cemeteries in certain counties, see L, 1847, ch. ee sec, 3, as amended by L. 1897, ch. 129. Town Hovsss, Locx-cvps anp CEMETERIES. 251 Town Law, §§ 194, 195. ed by L. 1894, ch. 418, and L. 1898, ch. 502; Heydecker’s Gen. L. (2d cd.), p. 1454.] § 5. Trustees to lay out grounds; free lots; sale of lots. Such board of trustees shall lay out into burial lots any grounds so conveyed to them; and within one year after the conveyance to them they shall cause to be recorded in the office of the clerk of the county in which they reside a plot or plots of the ground so laid out by them, which shall clearly indicate the number and location of the several lots, which plots shall be duly certified to, under the hands and seals of the chairman and secretary of the board, and acknowledged before an officer authorized to take proof and ac- knowledgment of deeds. ‘They shall designate and set aside certain lots which shall be free for the interment of the remains of indigent persons, deceased, and shall sell and convey, by direction of a ma- jority of the board, under the hands and seals of its chairman, and secretary, burial lots, at such terms as may be agreed upon between the parties, and expend the moneys realized from such sale in im- proving and preserving the particular burial ground from the sale of whose lots the moneys were received. All moneys realized from the sale of burial lots shall, upon the receipt thereof, be paid over to the supervisor of the town to be retained by him as a separate fund and paid out only on the order of a majority of such board of trustees. [Town Law, § 194, as amended by L. 1898, ch. 502; Heydecker’s Gen. L. (2d ed.), p. 1454.] § 6. Burial grounds; when to belong to town. The title to every lot or piece of land which shall have been used by the inhabitants of any town in this state as a cemetery or burial- ground for the space of fourteen years shall be deemed. to be vested in such town, and shall be subject, in the same manner as other corporate property of towns, to the government and direction of the electors in town meeting. In any town, in which trustees of burial grounds have not been: chosen as provided in sections one hundred and ninety-three and one hundred and ninety-four of this chapter, the town board may adopt regulations for the proper care of any such cemetery and burial ground, and regulating the burial of the dead therein.. If a cemetery or burial ground in any such town is not used for burial purposes it shall be the duty of the commissioner of highways of such town to remove the grass and weeds therefrom at least once in each year, and to erect and maintain suitable fences 252 Towns, Town Meetines anp Town OFFicers. Town Law, § 196. around such cemetery or burial ground at a cost not to exceed fifty dollars unless authorized by a majority vote of such town. The cost and expenses of such commissioner in performing such duties shall be a town charge and shall be paid in the same manner as other town charges. [Town Law, § 195, as amended by L. 1901, ch. 386; Heydecker’s Gen. L. (2d ed.), p. 1455. ] § 7. Burial grounds in district annexed to city, village or another town. Any town the whole of which has been or shall hereafter be an- nexed to or consolidated with any city, village or other town, and which previous to such annexation or consolidation shall have pur- chased and maintained a burying ground or grounds as public prop- erty of such town, but which ground or grounds shall not have been conveyed to trustees as provided in section one of chapter forty-six of the laws of eighteen hundred and seventy-three, or section one hundred and ninety-three of this chapter, but which ground or grounds are or were at the time of such annexation or consolida- tion under the charge of the town board of said town, as public property thereof, then the rights and powers conferred by section one hundred and ninety-three of this chapter, on a meeting of the electors of such town to elect three or five persons as trustees of said burying grounds, and on the supervisor of such town to convey the land embraced in such grounds to such trustees, shall devolve upon the mayor or other chief magistrate of the city or village or other town with which such town shall have been. or may hereafter be consolidated or annexed ; and on the petition of not less than twenty citizens, each of whom shall have been a resident. of such town for at least two years previous to such annexation or consolidation, the mayor or other chief magistrate of the city, village or town to which such town shall have been annexed or with which it shall have been consolidated, shall appoint three or five persons, each of whom shall have been a citizen of such annexed or consolidated town for at least two years previous to such annexation or consolidation, as trustees of such burying ground or grounds, and shall cause the lands embraced and included in such burying ground or grounds to be conveyed to such trustees and their successors in office as pro- vided in section one hundred and ninety-three of this chapter, and such trustees and their successors shall have the same powers and perform the same duties as trustees elected at a town meeting as provided in sections one hundred and ninety-three and one hundred Town Hovsxs, Locx-urs anp CrMErerins. 253 Town Law, § 197. and ninety-four of this chapter. [TZ'own Law, § 196, as added by L,1901, ch. 320; Heydecker’s Gen. L. (24 ed.), p. 1455.] Term of office of trustees.—The term of office of trustees so ap- pointed shall be fixed by the appointing officer and he shall fill any vacancy that may occur in said board. The trustees shall each furnish a bond satisfactory to the appointing officer for the faithful performance of their duties, and shall render an annual report to the financial officer of the municipality of all receipts and disburse- ments of money and of all investments of surplus funds to the eredit of the burying grounds in their charge. [Town Law, § 197, as added by L. 1901, ch. 820; Heydecker’s Gen. L. (2d ed.), 1455 b.] 254 Towns, Town Mertines anp Town OFFICERS. Town Law, § 50. CHAPTER XIX. TOWN OFFICERS; ELIGIBILITY, OATHS OF OFFICE, UNDERTAKINGS, Section 1. 2: 3. oe 8. 10. ll. 12. 13, 14, 15 16. 17. 18. 19. 20. 21, VACANCIES, RESIGNATIONS. Eligibility to town offices; supervisors. Qualifications for holding office; general provisions. Oaths of office of town officers; how administered; filed in town clerk’s office; effect of failure to execute and file oath and undertaking. . Town officers to administer oaths. . Supervisor’s undertaking. . Justice’s undertaking; oath of office to be taken before county clerk; certificate that he has filed undertaking. . Official acts legalized when justice of the peace fails to take official oath or give undertaking. Undertaking of commissioner of highways. . Undertaking of overseer of the poor. Collector’s undertaking. Filing of collector’s undertaking; lien on property of collector and sureties. Constable’s undertaking. Form of undertaking and liability thereon. Conditions, generally, of official undertakings; form and manner of executing; justification. Officer not to perform duties until undertaking is given; property or money not to be delivered; liability of sureties if officer enters on duties before giving undertaking; duration of under- taking. Validation of official acts before filing oath or undertaking. Resignation of town officers; notice. Removal of town officers; application to appellate division; notice. Vacancies, how created. Vacancies, appointment to fill, how made and when filled. County clerk to report omissions of town officers to district at- torney. § 1. Eligibility to town offices; supervisors. Every elector of the town shall be eligible to any town office, ex- cept inspectors of election shall also be able to read or write.’ But no county treasurer, superintendent of the poor, school commis- 1. Constitutional provision. Article 13, sec. 1, of the constitution prescribes the constitutional oath of office and declares that “no other oath, declaration or test shall be required as a qualification for any office of public trust.” Exiersirity, erc., or Town OFriczrs. 255 Town Law, § 50. sioner, trustee of a school district, or United States loan commis- sioner, shall be eligible to the office of supervisor of any town or ward in this state.” [Town Law, § 50; Heydecker’s Gen. L. (2d ed.), p. 1419.] Inspectors of election. Qualifications of inspectors of election are prescribed by sub. 1 of sec. 11 of the Election Law (Jewett’s Election Man- ual, 1903, p. 12), which provides as follows: “No person shall be appointed or elected an inspector of election, poll clerk or ballot clerk who is not a qualified elector of the election district of the town in which he is to serve, of good character, able to speak and read the English language under- standingly, 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 dis- trict in which he is to serve, or who has been convicted of a felony and not restored to citizenship, or who holds any public office except notary public or commissioner of deeds, town 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 employed in any public office or by any public officer whose services are paid for out of public money other than is excepted herein.” 2. Eligibility of supervisor. The disjualiteation imposed by the above section that “no trustee of a school district shall be eligible to the office of supervisor of any town or ward in this state,” applies to the capacity of a candidate for election, as well as for holding the office. The inten- tion of the statute is that the electors, in making the choice of a person for the office of supervisor, must be confined to the selection of such person only as is not then under any legal disqualification to exercise its powers and per- form its duties. As a trustee of a school district is incapable of being elected supervisor of a town as well as of holding the office of supervisor, no right to that office is acquired by resigning the office of trustee after having re- ceived a majority of the votes cast for the office of supervisor at a town meeting, and before qualifying as supervisor. People v. Purdy, 154 N. Y. 439; 48 N. E. 821. It follows from this decision that a school trustee who has been nominated for the office of supervisor should resign such office before the town meeting. The court in discussing this question says: “The statute, we think, does not contemplate that a person who is disqualified to hold the office may, nevertheless, be lawfully elected upon the chance that subsequently he may, by his own act, or by the happening of some event, remove the dis- qualification, and thus become entitled to fill it. The general rule is that the electors, in making the choice, must be confined to the selection of such per- sons only as are not then under any legal disqualification to exercise its powers and perform its duties. The electors can then know that when the choice is made and legally declared the object for which the election was held has been accomplished, and that there is no legal obstruction in the way to prevent their will, as thus expressed, from becoming effective.” The supervisor must reside in the town he represents, Bacon v. Hanna, 43 N. Y. St. Rep. 906. 256 Towns, Town Meretines anp Town OFFICERS. Public Officers Law, § 3; Town Law, § 51. § 2. Qualifications for holding office; general provisions. No person shall be capable of holding a civil office who shall not, at the time he shall be chosen thereto, be of full age, a citizen of the United States, a resident of the state, and if it be a local office, a resident of the political subdivision or municipal corporation of the state for which he shall be chosen, or within: which the electors electing him reside, or within which his official functions are. re- quired to be exercised.” [Public Officers Law, § 3; Heydecker’s Gen. L. (2d ed.), p. 451.] § 3. Oaths of office of town officers; how administered; filed in town clerk’s office; effect of failure to execute and file oath and undertaking. Every person elected or appointed to any town office, except justice of the peace, shall before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, take and subscribe before some officer authorized by law to administer oaths in his county, the constitutional oath of 3. Forfeiture of offce. All candidates for town offices elected at town meeting are reouired to file a statement of their election expenses with the town clerk, within ten days after the town meeting. If the person has been elected to a town office and fails to file such statement, he is guilty of a misdemeanor, and forfeits his office. Penal Code, sec. 4lw. (Jewett’s Elec- tion Manual, 1903, p. 273.) A person who asks or receives any gratuity or reward for appointing or procuring the appointment of another person to a public office, or to a sub- ordinate position in such an office is guilty of a misdemeanor, and if such person is a public officer, upon conviction he also forfeits his office. Penal Code, sec. 53. A public officer who for any gratuity or reward grants to another the right to discharge any function of his office, or permits another to make appointments or perform any of its duties, is guilty of a misde- meanor, and upon conviction forfeits his office. Penal Code, sec. 54. The acceptance of bribes by the executive officer is punishable by imprisonment in the state prison not exceeding ten years, or by a fine not exceeding $5,000, or by both; and in addition thereto, the officer if convicted forfeits his office and is forever disqualified from holding any public office in this state. Penal Code, secs. 45, 72. If a public officer is convicted of a felony his office is for- feited. Penal Code, secs. 707, 708. Acting as public officer 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. Penal Code, sec. 42. But, this section of the Penal Code is not construed to affect the validity of acts done by a person exercising the functions of a public office in effect where other persons than himself are interested in maintaining the validity of such acts. Exietsitity, erc., oF Town OFFIcERs. 257 Town Law, § 51. office, and such other oath as may be required by law, which shall be administered and certified by the officer taking the same without reward, and shall within eight days be filed in the office of the town clerk, which shall be deemed an acceptance of the office; and a neglect or omission to take and file such oath, or a neglect to exe- cute and file, within the time required by law, any official bond or undertaking, shall be deemed a refusal to serve, and the office may be filled as in case of vacancy.. [Town Law, § 51; Heydeck- er’s Gen. L. (2d ed.), p. 1420. ] 4. Constitutional oath. The form of an official oath as prescribed by the constitution, art. 13, sec. 1, is as follows: “I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the state of New York, and that 1 will faithfully discharge the duties of the office of ——————, according to the best of my ability.” And the constitution also provides in this section that all such officers who ‘shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and subscribe the oath or affirmation above prescribed, together with the following addition thereto: “And I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote.” Oath of justice of the peace. A justice of the peace is required to take his oath of office before the county clerk after filing a certificate of the town clerk that he has filed the required undertaking. See Town Law, sec. 58, post, p. 260. General provision as to oath of office. Section 10 of the Public Officers Law is in effect the same as the above section of the Town Law. Under section 13 of the Public Officers Law it is made the duty of the officer with whom an oath of office is to be filed, in the case of town officers the town clerk, to give notice to the town board of the failure of a town officer to take and file an official oath within the time required by law. The failure to file the official oath creates a vacancy which the town board may fill. (See Town aw, sec. 65, post, p. 271; Public Officers Law, sec. 20, sub. 7, post, p. 271.) Effect of failure to file an oath. The failure of a town officer to take and file his oath as required in the above section does not affect his powers and rights as such officer. See Horton v. Parsons, 37 Hun, 42, 45, where the court says: “It may not appear entirely clear that a person elected to the office of overseer of the poor, who has failed to take the oath of office, and for that reason is charged with refusal to serve, which permits an election to fill the vacancy thereby occasioned, is an officer de jure in the strict sense of that term, since by the terms of the statute his right to perform the duties 17 258 ‘Towns, Town Mrerines anp Town OFFICERS, Town Law, § 56. § 4. Town officers to administer oaths. Any town officer may administer any necessaty oath in any matter or proceeding lawfully before him, or to any paper to be of the office seems dependent on his taking the oath. But it has been held in effect that the statute is not self-executing, and does not work a forfeiture for the cause it affords, but that it must come from some act, judicial or otherwise, which effectually ousts him and severs his relation to the office and that until then he is practically an officer de jure, having defeasible title to the office.” This proposition seems to have been sustained in the case of Foot v. Stiles, 57 N. Y. 399, where it was held that a failure to file an official bond did not ipso facto affect the office, and the rule was laid down that in such a case the officer holds by defeasible title and until the forfeiture is judicially declared, he is rightfully in office, at least so far as the rights of third persons are concerned, and the question cannot be raised collaterally. See, also, People v. Crissey, 91 N. Y. 635; In re Kendall, 85 N. Y. 305; Peo- ple ex rel. Conlin v. Martin, 23 N. Y. Supp. 730. It was expressly held in the case of People ew rel. Brooks v. Watts, 73 Hun, 404; 26 N. Y. Supp. 280, that the rule, as it existed under the revised statutes, with reference to vacancies in office by reason of the neglect or omission of a person elected to a town office to take and file an oath of office was not ehanged by the provisions of the above section of the Town Law. It therefore follows that the cases above cited are still controlling, and the rule now is that the defect or omission, if any, in regard either to an official bond or an official oath only makes the officer’s title defeasible and affords a cause for forfeiture, but does not create a vacancy. newspapers published in the county to be designated by the board of supervisors. After the date speci- fied in such resolution which shall be subsequent to such publica- tion no taxes upon dogs shall be assessed in any town or village. in such county, and the board of supervisors may. at any subse- quent meeting thereof prescribe a different annual registration fee but must publish such change at least once each week for three successive weeks in at least two newspapers to be designated by the board of supervisors. The board of supervisors of such county may thereafter by resolution adopted, filed and published in: like manner determine that the provisions of such sections shall not apply to such county, and after the date specified in such resolu- tion the provisions of law for assessment and collection of taxes 470 Division Fences; Strayep Anrmats; Dogs. County Law, §§ 129, 130. on dogs shall apply to such county as if the resolution applying such sections had not been adopted. [County Law (L. 1892, ch. 686), § 128, as added by L. 1901, ch. 455, and amended by L. 1902, ch. 158.] § 20. Payment of fees; issue of tags; definition of dog. Within thirty days after the date specified in the resolution, every person resident within a town in such county owning or harboring a dog over four months old shall pay to the town clerk of the town in which he resides, the registration fee prescribed by such resolution ; and every person who shall thereafter acquire or harbor such a dog for which such registration fee has not been paid shall pay such fee within ten days after acquiring or harboring the same. A fee so paid shall entitle such dog to registration until the thirty-first day of December following such payment; and thereafter on or before the tenth day of January in each year a like fee shall be paid by a person owning or harboring such dog. Upon the receipt thereof, the town clerk shall enter in a book kept for that purpose, the name of such owner or person, a description of such dog, and the date of the payment of the registration fee; and shall furnish for the use of such dog a suitable metallic tag stamped with the year of issuance and with a number correspond- ing with the registration number of such dog. Such tag shall be worn by such dog at all times during the year for which the regis- tration fee shall be so paid. The town clerk shall furnish a dupli- cate of such tag, whenever the same shall be lost, upon payment of the cost thereof. The expense of procuring such tags shall be paid in the same manner as other town charges from the moneys received from the registration fees. The term “ dog,” as used in sections one hundred and twenty-eight to one hundred and thirty-six, both inclusive, of this article, includes bitch. [County Law (L. 1892, ch. 686), § 129, as added by L. 1901, ch. 455, and amended by L. 1902, ch. 158.] § 21. Duties of assessors. The assessors of each town in such county shall annually, at the time of the completion of their assessment-roll as provided by law, make a list containing the name of every person resident within their town liable to pay a registration fee for dogs as pro- vided by section one hundred and twenty-nine of this article, to- gether with the number of dogs owned or harbored by such person- Does; Duties or Town anp County Orricers. 471 County Law, §§ 131, 132. and forthwith deliver such list signed by them to the town clerk. [County Law, § 180, as added by L. 1901, ch. 455; Heydecker’s Gen. L. (2d ed.), p. 1237.] § 22. Duty of town clerk. The town clerk of each town in such county, when he shall be informed by such list or otherwise, that there is any dog which has not been registered, shall forthwith bring an action as pre- scribed in the next section against the owner of such dog or the person harboring the same, or he shall forthwith give written no- tice to any constable of the town requiring him to take such dog into his possession, and dispose of the same as prescribed in sec- tion one hundred and thirty-three of this articla [County Law, § 181, as added by L. 1901, ch. 455; Heudecker’s Gen. L. (2d ed.), p. 1827.] § 23. Penalties; actions therefor, Every person liable to pay a registration fee for a dog who shall fail to pay the same as herein provided, or who shall knowingly permit any dog, owned or harbored by him, to be at large without wearing a tag issued by the town clerk, shall forfeit the sum of five dollars, to be recovered in an action brought before a justice of the peace of the town wherein the person owning or harboring such dog may be, in the name.of such town, upon the complaint of the town clerk; and the justice before whom a judgment for such penalty is recovered shall direct in the execution issued upon such judgment, that, in case of the failure to collect the whole of such judgment besides costs, the dog for which such registration fee has not been so paid, or which has been so permitted to be at large, shall be taken into the possession of the constable receiving such execution and forthwith killed by shooting and thereupon it shall be the duty of such constable to take such dog into his pos- session and forthwith kill the same. .A judgment so recovered shall not constitute a bar to a further action to recover such pen- alty brought subsequent to the recovery of such judgment so long as such violation shall continue, nor shall the recovery or collection of such judgment exempt the person against whom the same is recovered from a compliance with any provision of sections one hundred and twenty-eight to one hundred and thirty-six, both inclusive, of this article. [County Law, § 182, as added by L. 1901, ch. 455; Heydecker’s Gen. L. (2d ed.), p. 1238.] 472 Division Fences; Strayep Animats; Dogs. County Law, §§ 133, 134, 135. § 24. Seizure of dogs not tagged or registered. Each constable in such county shall after the expiration of such thirty days from the date specified in such resolution seize and keep in his possession, until disposed of as herein provided, every dog running at large in his county and not wearing such tag and every dog of which he shall be informed by the town clerk of his town by written notice. He shall forthwith post a notice in a conspicuous place in the office of the town clerk, containing a de- scription of the dog so seized, and a statement of the time of seiz- ure thereof, and that the said dog will be killed at the end of seventy-two hours from the time of posting, such notice stating the hour of such posting, unless the same is registered and the fee for seizing the same as herein provided is paid within such time and shall also serve a copy of the notice so posted, at least forty-eight hours before such dog shall be killed, upon the owner or person har- boring such dog, provided that he be known to such constable or can with reasonable diligence be ascertained by him within said county, personally or by leaving the same at his last known place of resi- dence with a person of suitable age and discretion. The constable shall at the end of seventy-two hours from the time of posting and after so serving such notice kill such dog by shooting, unless the same shall before the expiration of that time be registered and a tag procured for the same as provided in section one hundred and twenty-nine, and in addition thereto, the sum of two dollars be paid to such constable for his fees, in which case such dog shall be released. Every constable shall be entitled to receive a fee of one dollar for each dog seized and killed by him under the provisions this section or of section one hundred and thirty-four of this article, to be paid as other town charges are paid from moneys received for registration fees. [County Law, § 133, as added by L. 1901, ch. 455, and amended by L. 1902, ch. 158.] The value of any dog destroyed by any constable except as herein provided may be recovered by the owner of such dog from either such constable or town wherein such dog is destroyed. [County Law, § 134, as added by L. 1901, ch. 455; Heydecker’s Gen. L. (2d ed.), p. 1329.] § 25. Disposition of registration fees and penalties. The town clerk shall at the end of every calendar month pay to the supervisor all fees received by him during such month for the registration of dogs and bitches under this article, less the sum of Does; Durizs or Town anp County Orricers. . 473 | County Law, § 13%. twenty-five cents for each dog and bitch registered, which may be retained by him as his fee therefor. A justice of the peace before whom a penalty is recovered as provided in section one hundred and thirty-two of this article, shall forthwith pay one-half thereof, when collected, to the supervisor, and one-half to the town clerk for his fees in making the complaint in the action in which such penalty is recovered. The money paid to the supervisor pursuant to this section on account of registration fees and penalties shall, except as otherwise provided herein, be applied for the same pur- poses as provided by law with respect to taxes collected upon dogs. [County Law, § 185, as added by L. 1901, ch. 455; Heydecker’s Gen. L. (2d ed.), p. 1239.] § 26. Actions for injury or destruction of unregistered dogs. No person shall hereafter maintain an action for an injury to or the destruction of any dog, unless it shall affirmatively appear that such dog has been duly registered as provided by section one hundred and twenty-nine of this article. Nothing in this act shall apply to an incorporated city of the state. [County Law, § 136, as added by L. 1901, ch. 455; Heydecker’s Gen. L. (2d ed.), p 1239.] PART VI. Re vieEF oF Poor. CHAPTER XXXIV. SUPERINTENDENT OF THE POOR; ALMS-HOUSES. Section 1. 2. 3. 4. 10. 11. 12. 13. 14, 15. 16. 17. Election, appointment, qualifications and terms of office of superintendent of the poor. . Undertaking, how executed and approved; contents. Powers and duties of county superintendents of the poor. One of superintendents of the poor may be appointed as keeper of almshouse; compensation. . County superintendent may direct overseers of the poor to take charge of county poor. . Superintendents to provide for support of idiots and lunatics. . Pestilence in almshouse; inmates to be removed. . County treasurer to keep accounts with towns for moneys paid "on account of poor; superintendent to furnish statement. . Superintendents to make annual apportionment to towns of amount expended for support of poor. Amount chargeable to towns to be added to tax levy. Superintendent’s estimate for expense of maintaining county poor; supervisors to cause sufficient amount to be raised. Superintendent to make report to state board of charities; con- tents of report. Almshouse register; what to contain; officers to furnish infor- mation. Board of supervisors or town board may make rules and regula- tions as to furnishing temporary relief. Failure of officer required to make statement or report as to the poor, how punished. Children not to be sent to almshouses, Poor children not to be committed to almshouse as vagrants; truants or disorderly persons; support of poor children in families or charitable institutions. § 1. Election, appointment, qualifications and terms of office of superintendent of the poor. There shall continue to be elected or appointed in each of the counties one or more superintendents of the poor as. heretofore; but no supervisor of a town, or county treasurer, shall be elected (475) 476 Reier oF Poor. County Law, § 210. or appointed to such office” The board of supervisors of any county having, or entitled to have three or more superintendents of the poor, may, at an annual meeting thereof, determine by resolution that thereafter only one county superintendent of the poor shall be elected; but no superintendent of the poor shall be elected or appointed in such county until the general election next preceding the expiration of the terms of the superintendents in office, or the office shall be vacant.’ The term of any superin- tendent in office, or of any person duly elected thereto on the pas- sage of such resolution, shall not be affected thereby. Such board may also, in counties having and entitled to have but one superin- tendent of the poor, in like manner determine that thereafter three superintendents of the poor be elected for such county. After the passage of a resolution, as herein provided, the powers herein conferred shall not be again exercised within a period of five years. Such resolution shall not take effect until the next calen- dar year succeeding its adoption. 1. Removal of superintendents. A county superintendent of the poor is removable by the governor after an opportunity has been given to him to be heard in his defense. Public Officers Law, sec. 23, ante, p. 183. The expense of such removal is a county charge. See County Law, sec. 230, sub. 16, ante, p. 39. As to proceedings before the governor for removal, see Public Officers Law, secs. 24, 25, ante, p. 184. Supervisor not to be superintendent of the poor. The disqualifica- tion of a supervisor to the office of a superintendent of the poor applies to supervisors of wards of cities. People ex rel. Furman v. Clute, 50 N. Y. 451. In this case it was also held that the prohibition makes » supervisor not only ineligible to hold office of superintendent, but also ineligible to an elec- tion or appointment theretc. It was also contended in this case that the re- striction imposed upon a supervisor and a county treasurer was unconstitu- tional, since it impairs the right of suffrage by limiting the right of the elector to select and vote for u candidate from the whole body of electors, and thus interfered with his constitutional right to vote; but the court held that the act permitting the election of superintendents of the poor having been passed after the adoption of the constitutional provision, the right to vote for such officers was a privilege granted by the legislature, and could be limited by it. 2. Determining number of superintendents. In the case of People ex rel. Hatfield v. Comstock, 78 N. Y. 356, it was held that superintendents of the poor are county officers whose appointment or election may be pro- vided for by the board of supervisors as the legislature shall direct, under art. 10, sec. 2 of the Constitution. The delegation to the board of supervisors of the power of determining the number of superintendents and of filling vacancies is constitutional. SUPERINTENDENT OF THE Poor; ALMS-HOUSES. ANT County Law, § 210. There shall continue, 1. To be elected annually in each of the counties so having and being entitled to three county superintendents ‘one county super- intendent of the poor, who shall hold his office for three years from and including the first day of January succeeding his elec tion, and until his successor is duly elected and qualifies ; 2. To be appointed by the board of supervisors, if in session, otherwise by the county judge, a county superintendent of the poor, when a vacancy shall occur in such office, and the person so appointed shall hold the office until and including the last day of December succeeding his appointment, and until his suecessor shall be elected and qualifies ; 3. To be elected a county superintendent of the poor in a county when a vacancy shall occur in such office, and the term of which shall not expire on the last day of the next succeeding December, and the person so elected shall hold the office for such unexpired term, which shall be designated upon the ballots of the electors, or until his successor shall be elected and qualifies ; 4. To be elected in each of the counties so having, and entitled to have but one superintendent, a superintendent of the poor, who shall hold his office for three years from and including the first day of January succeeding his election, and until his successor is duly elected and qualifies; 5. To be appointed by the board of supervisors, if in session, otherwise by the county judge, a superintendent of the poor, in a county having and being entitled to but one superintendent, when a vacancy shall occur in such office; and the person so appointed shall hold the office until and including the last day of December succeeding his appointment, and until his successor shall be elected and qualifies; 6. To be elected in the succeeding year after the board of super- visors of a county having but one superintendent. of the poor, shall have adopted a resolution to have three superintendents, if the term of the superintendent in office expires with such year, three superintendents of the poor for such county, for the terms of one, two and three years respectively, which terms shall be re- spectively designated upon the ballots of the electors voting for such officers. If the term of the superintendent in office will not expire with such succeeding year, there shall be elected two super- intendents of the poor for such county, for such terms, to be so designated upon the ballots of the electors voting for such officers, 478 Reuier oF Poor. County Law, § 211; Poor Law, § 3. as will make the terms of one of the three superintendents expire with each succeeding year, and one superintendent of the poor shall hereafter be annually elected. Such persons so elected shall hold the office from and including the first day of January succeed- ing his election, and until and including the last day of December of the year in which his term shall so expire, and until his suc cessor is duly elected and qualifies. When ballots are voted with- out designating the term, the first named on the ballot shall be deemed as intended for the full or longer term of the. officer voted for; the second name for the next longer term, and the third name for the shorter term. [County Law (L. 1892, ch. 686), § 210; Heydecker’s Gen. L. (2d ed.), p. 1252.] § 2. Undertaking, how executed and approved; contents. Every person elected or appointed to the office of superintendent of the poor shall, before he enters upon the duties of his office, and if appointed, within fifteen days after notice thereof, execute and deliver to the clerk of his county, to be filed in his office, his undertaking to the county, with two or more sufficient sureties, with the approval of the board of supervisors, if in session, in- dorsed thereon by the clerk; otherwise by the county judge of his county, or a justice of the Supreme Court of his judicial district, to the effect that he will faithfully discharge the duties of his office as such superintendent of the poor, and pay according to law all moneys that shall come into his hands as such superintendent, and render a just and true account thereof to the board of supervisors of his county.” [County Law (L. 1892, ch. 686), § 211; Hey- decker’s Gen. L. (2d ed.), p. 1254. ] § 3. Powers and duties of county superintendents of the poor. The county superintendents of the poor shall: 3. As to other statutory requirements of official undertakings, see Public Officers Law, secs. 11, 12, ante, p. 267. The requirements of the above section are controlling in so far as they are inconsistent with the general provisions of the Public Officers Law, but the other provisions of those sec- tions are applicable. 4. Powers of a majority of board of superintendents. Where there are three superintendents 1 majority can perform and exercise any power, authority or duty imposed by statute or otherwise upon them. See Statu- tory Construction Law, sec. 19. The powers of a majority of the superintendents to transact business was considered in the case of Johnson v. Dodd, 56 N. Y. 76. It was there de- cided that the majority could exercise the power of the board irrespective of and without consultation with the minority. SUPERINTENDENT OF THE Poor; ALMS-HOUSES. 479 Poor Law, § 3. 1. Have the general superintendence and care of poor persons who may be in ‘their respective counties." 2. Provide and keep in repair suitable alms-houses when di- rected by the board of supervisors of their county. 8. Establish rules and by-laws for the government and good order of such alms-houses, and for the employment; relief, man- agement and government of the poor therein; but such rules and regulations shall not be valid until approved by the county judge of the county, in writing. 4, Unless a keeper be appointed by the board of supervisors, as provided by section four of this article, employ suitable persons to ‘be keepers of such houses, and physicians, matrons and all other necessary officers and servants, and vest such power in them for the government of such houses, and the poor therein, as shall be necessary, reserving to such poor persons who may be placed under the care of such keepers, matrons, officers or servants, the right of appeal to the superintendents.” [Amended by L. 1908, ch. 340. ] 5. Purchase all rfecessary furniture, implements, food and materials for the maintenance of the poor in such houses, and 5. General superintendence of poor persons. By sub. 1 of the above section superintendents are now given the general superintendence of all matters relating to the poor. Under the old law they only had control of county poor persons, and a general supervisory jurisdiction over all ques- tions relating to the settlement of the poor and of the respective liabilities of the towns and counties; and all the powers conferred upo:? county superin- tendents to support and maintain the county poor, were required to be exer- cised at the county poorhouse, or at such other places as might have been pro- vided for that purpose by the direction of the board of supervisors. People ex rel, Commissioners of Emigration, 27 Barb. 562. 6. Appointment of keeper by board of supervisors. Section 4 of the Poor Law, post, p. 482, authorizes the board of supervisors to appoint -one of the superinatendents of the poor as keeper of the county almshouse. Unless one of such superintendents has been appointed by the board of super- visors as provided in that section, the above sub-division authorizes the .county superintendents to employ such a keeper. Whenever the board of supervisors exercises this power and appoints one of the superintendents as such keeper, the term of office of the keeper pre- viously appointed by the superintendents terminates, although the year for which he was employed: has not expired. People ex rel. McCormick v. Weldon, 14 N. Y. Supp. 447; 39 N. Y. St. Rep. 49. Term of office of keeper. The superintendents of the poor have no power to fix by contract the duration of the keeper’s term. He holds his position only during the pleasure of the appointing power. ‘Abrams v. Hor- ton, 18 App. Div. 208, 45 N. Y. Supp. 887. 480 Rewer oF Poor. Poor. Law, § 3. for their employment in labor, and use, sell and dispose of the proceeds of such labor as they shall deem expedient. 6. Prescribe the rate of allowance to be made for bringing poor persons to the county alms-house, subject to such alterations as the board of supervisors may by general resolution make. 7. Authorize the keepers of such houses to certify the amount due for bringing such poor persons; which amount shall be paid by the county treasurer on the production of such certificate, countersigned and allowed by the county superintendents of the poor. 8. Summarily decide any dispute that shall arise concerning the settlement of any poor person, upon a hearing of the parties, and for that purpose may issue subpoenas to compel the attend- ance of witnesses, with the like powers to enforce such process, as is given to a justice of the peace in an action pending before him; their decisions shall be filed in the office of the county clerk within thirty days after they are made, and shall be conclusive and final upon all parties interested, unless an appeal therefrom shall be taken, as provided in this chapter.. 9. Direct the commencement of suits by any overseer of the poor who shall be entitled to prosecute for any penalties, or upon any recognizance, bonds or securities taken for the indemnity of any town or of the county; and in case of the neglect of any such overseer, to commence and conduct such suits, without the au- thority of such overseer, in the name of such. superintendents. 10. Draw on the county treasurer for all necessary expenses incurred in the discharge of their duties, which draft shall be paid by such treasurer out of the moneys placed in his hands for the support of the poor.’ 7. Draft on county treasurer. The board of supervisors of a county have no right to direct a county treasurer not to recognize the draft of a superintendent of the poor payable to his order, nor to pay any such draft unless the object for which the money was to be paid was specified in the order. People ex rel. Serven v. Demarest, 16 Hun, 123. The court in this case said: “The superintendents give security that they will render a true account of all moneys received and expended to the supervisors, and the supervisors audit the account. It will be seen that the superintendents are an independent board. They can purchase independently, and draw moneys from the county treasurer independently. The expenditure is to be submitted to the board of supervisors. If, after the settlement of the accounts, there is any sum due to the people from the superintendents, the bond will be enforced.” SUPERINTENDENT OF THE Poor; ALMS-HOUSES. 481 Poor Law, § 3. 11. Audit and settle all accounts of overseers of the poor, jus- tices of the peace, and all other persons, for services relating to the support, relief or transportation of the county poor; and draw on the county treasurer for the amount of the accounts which they shall so audit and settle.” 12. Furnish necessary relief to such of the county poor as may require: only temporary assistance, or are so disabled that they cannot be safely removed to the county alms-house, or to the county poor who can be properly provided for elsewhere than at the county alms-house at an expense not exceeding that of their support at such alms-house.” The above sub-division should be considered in. connection with the pro- vision contained at the end of this section to the effect that the board of supervisors may fix the maximum sum which may be expended by the super- intendent during the year, and. that when such limitation is fixed, the county treasurer cannot pay orders in excess of such sum without the approval of the chairman of the board of supervisors or a committee of such board. 8. Audit of accounts. It was intimated in the case of Hayes v. Simonds, 9 Barb. 266, that the purchase of material and employment of labor by superintendents, for which they are authorized to contract, were not the class of accounts to which the statute from which the above sub-division was taken had reference. It is not reasonable to suppose that the statute can be so interpreted as to allow the superintendents to audit accounts arising from their own contracts and so make them sit as judges upon ques- tions relating to their own conduct, and their own corporate liability. Neary v. Robinson, 98 N. Y. 84. In the latter case it was held that the superintendents could not audit the account of an attorney retained by them for services rendered in bastardy proceedings instituted by them. The superintendent may properly employ professional assistance in such cases, but the costs incurred are a-charge against the county and must be audited by the board of supervisors. Superintendents of the poor are not bound to audit the accounts of physi- cians and others for services rendered in aid of county paupers by request of overseers of the poor of the several towns, although the services were ren- dered in pursuance of orders for temporary relief. Such accounts may be very numerous, and occasionally very trifling; and it is peculiarly fit that they should first be adjusted by the overseer, and charged by him in a gen- eral account. Ea-Parte Green and Brown, 4 Hull, 558. If superintendents refuse to audit and settle the accounts specified in this sub-division the proper remedy is by writ of certiorari. It follows then that the proceedings to determine such accounts are judicial in their nature. Vedder v. Superintendents of Schenectady County, 5 Denio, 564. 9. Temporary relief. “Under the law as it existed prior to the Poor Law of 1896, the county poor requiring temporary relief could not be sup- ported by the superintendents at a place other. than the county almshouse. Gallup v. Bell, 20 Hun, 172; People v. Commissioners of Emigration, 27 Barb. 562. This rule is changed by the provisions of the above sub-division. bl 482 Reier oF Poor. Poor Law, § 4. 13. Render to the board of supervisors of their county, at their annual meeting, a verified account of all moneys received and expended by them, or under their direction, and of all of their proceedings in such manner and form as may be required by the board. 14. Pay over all moneys remaining in their hands, within fifteen days after the expiration of their terms of office, to the county treasurer, or their successors. 15. Administer oaths and take affidavits in all matters per- taining to their office, and elicit, by examination under oath, statements of facts from applicants for relief. Expenditures by the superintendent of the poor in the administration of his de partment are subject to the following limitations: The board of supervisors, at its annual meeting, may fix the maximum sum which may be expended by the superintendent, at his discretion, during the next ensuing year, and may provide that expenditures in excess of that sum shall be made only with the written approval of the chairman of the board of supervisors, or of a committee of the board, composed of not exceeding three members. If such limitation is fixed and such provision made, the county treasurer shall not pay any draft or order of the superintendent in excess of the sum so fixed by the board, unless it is accompanied with the written approval of such chairman or committee. [Poor Law (L. 1896, ch. 225), § 3, as amended by L. 1897, ch. 507; Hey- decker’s Gen. L. (2d ed.), p. 2201.] § 4. One of superintendents of the poor may be appointed as keeper of alms-house; compensation. The board of supervisors of any county may, by resolution, appoint as keeper of its county alms-house one of the superin- tendents of the poor of such county, who shall hold such office until the expiration of his term as superintendent or until the board of supervisors, by resolution, shall determine that he shall County poor are defined in section 2 of the Poor Law as such persons as are required by law to be supported at the expense of the county. The distinction between town and county poor may be abolished by a resolution of the board of supervisors; in such case the poor of the county are to be maintained at the expense of the county and thus become county poor; see Poor Law, sec. 134, post, p. 582. If a poor person has not gained a settlement in a town or city, he is a county poor person, and maintainable at the ex- pense of the county. Poor Law, sec. 42, sub. 2, post, p. 536. SUPERINTENDENT OF THE Poor; ALMS-HOUSES. 483 Poor Law, §§ 5, 6. no longer act in such capacity.” The board of supervisors may fix the compensation such superintendent shall receive for acting as such keeper, and such compensation shall be a county charge.” While a resolution of the board of supervisors directing such superintendent to act as keeper of the county alms-house is in force, the superintendents shall not employ a keeper thereof. [Poor Law (L. 1896, ch. 225), § 4; Heydecker’s Gen. L. (2d ed.), p. 2208.] § 5. County superintendent may direct overseers of the poor to take charge of county poor. Whenever the county superintendents take charge of the support of any county poor person, in counties where no alms-house is provided, they may authorize the overseers of the poor of the town in which such poor person may be, to continue to support him, on such terms and under such regulations as they shall pre scribe; and thereafter no moneys shall be paid to such overseers for the support of such poor person, without the order of the superintendents; or the superintendents may remove such poor person to any other town, and there provide for his support, in such manner as they shall deem expedient. [Poor Law (L. 1896, ch. 225), § 5; Heydecker’s Gen. L. (2d ed.), p. 2203. ] § 6. Superintendents to provide for support of idiots and lunatics. The superintendents of the poor shall provide for the support of poor persons that may be idiots or lunatics, at other places than in the alms-house, in such manner as shall be provided by law for the care, support and maintenance of such poor persons.” 10. A keeper of a county alms-house may be appointed by the super- intendents’ of’ ‘the poor in case the supervisors do not appoint one of such superintendents as keeper as provided in the above section. See Poor Law, sec. 3, sub. 4, ante. 11, Compensation of all superintendents of the poor is to be fixed by the board of supervisors as provided in sec. 12, sub. 5, of the County Law. If the superintendent is also keeper of the almshouse, his compensation may be made to include his compensation as such keeper. 12. Support of insane. Lunatics cannot now be maintained at an almshouse. All pauper insane must be transferred to a state hospital. The superintendents of the poor are bound to see that all such insane are so transferred. People ex rel. State Commission v. Superintendents, 20 N. Y. Supp. 10; 47 N. Y. St. Rep. 367. 484 Reimer oF Poor. Poor Law, § 7. [Poor Law (L. 1896, ch. 225), § 6; Heydecker’s Gen. L. (2d ed.), p. 2204. | § 7. Pestilence in alms-house; inmates to be removed. ‘Whenever any pestilence of infectious or contagious disease shall exist in any county almshouse or in its vicinity, and the physician thereof shall certify that such pestilence or disease is likely to endanger the health of the persons supported thereat, the superintendents of the poor of such county shall cause the persons supported at such alms-house or any of them, to be removed to such other suitable place in the same county as shall be designated by the board of health of the city, town or village, within which such alms-house shall be, there to be maintained and provided for at the expense of the county, with all necessary medical care and attendance, until they can be safely. returned to the county alms- house from which they were taken, or otherwise discharged. [Poor Law (L. 1896, ch. 225), § 7; Heydecker’s Gen. L. (2d ed.), p. 2204. ] By the Insanity Law, the poor and indigent insane of the county are to be committed to the state hospitals for the insane and there maintained at a state expense. Insanity Law, sec. 65, post, p. 497. ’ If an applicant for relief as a poor person, is, in the opinion of the super- intendent insane, it would be his duty to investigate the facts and take pro- ceedings under secs. 60-62 of the Insanity Law (post, p. 496), for his com- mitment to a state hospital for the insane. If an inmate of an almshouse becomes insane, the superintendent should take the necessary steps to secure his transfer to a state hospital. Maintenance of idiots. There are three state institutions for the care and custody of idiots; the Syracuse State Institution for Feeble Minded Children (State Charities Law, sec. 60); State Custodial Asylum for Feeble Minded Women at Newark (State Charities Law, sec. 80); and the Rome State Custodial Asylum (State Charities Law, sec. 90). Idiots who are residents in a county may be transferred to such institutions and either supported as a state charge, or at « county expense as provided by law, or the rules and regulations of the institution. See Cumming & Gilbert’s Poor, Insanity and State Charities Laws, pp. 278-289. See, also, post, pp. 503-505. Epilepties. The Craig Colony for Epileptics, established at Sonyea, Livingston county, is for the purpose of caring for and treating poor and indigent persons suffering from epilepsy to the extent of the accommodations there provided. See State Charities Law, secs. 100-115. It is the duty of the county superintendent to provide for the commitment of such persons to such colony. Aprlication may be made to the county superintendent of the poor for placing a child in such colony and, upon compliance with the terms of the statute, it is the duty of the superintendent to place such child therein. See post, p. 506. SUPERINTENDENT OF THE Poor; ALMS-HOUSES. 485 Poor Law, §§ 8, 9. § 8. County treasurer to keep accounts with towns for moneys paid on account of poor; superintendent to furnish statement. In counties where there are town poor, the county treasurer thereof shall open and keep an account with each town, in which the town shall be credited with all the moneys received from the same, or from its officers, and shall be charged with the moneys paid for the support of its poor. If there be a county alms-house in such county, the superintendents of the poor shall, each year, before the annual meeting of the board of supervisors, furnish to the county treasurer a statement of the sums charged by them as herein directed, to the several towns for the support of their poor, which shall te charged to such towns, respectively, by the county treasurer in his account.” [Poor Law (L. 1896, ch. 225), § 8; Heydecker’s Gen. L. (2d ed.), p. 2204. ] § 9. Superintendents to make annual apportionment to towns of amount expended for support of poor. In counties having an alms-house, and where there are town poor, the superintendents shall annually, and during the week preceding the annual meeting of the board of supervisors, make out a statement of all the expenses incurred by them the preced- ing year for the support of the town poor, and of the moneys re- ceived therefor, exhibiting the deficiency, if any, in the funds pro- vided for defraying such expenses, and they shall apportion the deficiency among the several towns in proportion to the number and expenses of the town poor of such towns, respectively, who 13. Town accounts. The money to be credited to the towns is the money which is received from the county or its officers. People v. Harris, 16 How. 256. The amount to be charged to the towns on account of. their poor main- tained at the county almshouse is to be determined by the amount actually expended by the county for such maintenance. The statute contemplates that the benefits resulting from the almshouse and the property connected therewith, shall be given to the county and towns, in respect to the poor supported at such almshouse without regard to the general obligation of the towns to support their own poor. The towns cannot be charged with the products of the almshouse farm, the labor of the poor in carrying on the business of the almshouse and the occupancy by the town poor. They are only chargeable with their pro rata share of the deficiency. City of Roches- ter v. Supervisors of Monroe County, 22 How. Pr. 248, All orders made for the payment of expenses incurred in the. main- tenance of the coutity poor should be drawn upon the fund created by this section. No action will lie against the superintendents for failure to pay such expenses until a demand is made of them for such an order. i 486 ReEtieFr oF Poor. Poor Law, §§ 10, 11, 12. shall have been provided for by the superintendents, and shall charge the towns with such proportion, which statement shall be by them delivered to the county treasurer. [Poor Law (L. 1896, ch. 225), § 9; Heydecker’s Gen. L. (2d ed.), p. 2204.] § 10. Amount chargeable to towns to be added to tax levy. At the annual meeting of the board of supervisors, the county treasurer shall lay before them the account kept by him; and if it shall appear that there is a balance against any town, the board shall add the same to the amount of taxes to be levied and col- lected upon such town, with the other contingent expenses thereof, together with such sum for interest as will reimburse and satisfy any advances that may be made, or that may have been made, by ‘the county treasurer for such town, which moneys, when collected, shall be paid to the county treasurer. [Poor Law (L. 1896, ch. 225), § 10; Heydecker’s Gen. L. (2d ed.), p. 2205.) § rz. Superintendent’s estimate for expense of maintaining county poor; supervisors to cause sufficient amount to be raised. The superintendents of the poor shall annually present to the board of supervisors, at their annual meeting, an estimate of the sum which, in their opinion, will be necessary during the ensuing year for the support of the county poor; and such board of super- visors shall cause such sum as they may deem necessary for that purpose, to be assessed, levied and collected, in the same manner as other contingent expenses of the county, to be paid to the county treasurer and to be by him kept as a separate fund, distinct from the other funds of the county. [Poor Law (L. 1896, ch. 225), § 11; Heydecker’s Gen. L. (2d ed.), p. 2205.] § 12. Superintendent to make report to state board of chari- ties; contents of report. The superintendents of the poor of every county shall, on or before the first day of December in each year, make reports cover- ing the year ending September thirtieth, to the state board of charities in such form as the board shall direct, showing the num- ber of the town poor and of the county poor that have been re lieved or supported in their county the year preceding October first; the whole expense of such support, the amount paid for transportation of poor persons, and any other items not part of the actual expenses of maintaining the poor, and the allowance SUPERINTENDENT OF THE Poor; ALMS-HOUSES. 487 Poor Law, § 138. made to superintendents, overseers, justices, keepers, matrons, officers and other employes of the superintendents; the actual value of the labor of the poor persons maintained, and the estimated amount saved in the expense of their support in consequence of their labor; the sex and native country of every such poor person, with the causes, either direct or indirect, which have operated to render such persons poor, so far as the same can be ascertained ; and shall include in such reports a statement of the name and age of, and of the names and residence of the parents of, every poor child who has been placed by them in a family during the year, with the name and residence of the family with whom every such child was placed, and the occupation of the head of the family, together with such other items of information in respect to their character and condition as the state board of charities shall direct.” [Poor Law (L. 1896, ch. 225), § 12; Heydecker’s Gen. L. (2d ed.), p. 2205.] § 13. Alms-house register: what to contain; officers to fur- nish information. In addition to the general register of the inmates of the various alms-houses, there shall be kept a record of the sex, age, birth place, birth of parents, education, habits, occupation, condition of an- cestors and family relations, and cause of dependence of each person at the time of admission, with such other facts and par- ticulars 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 alms-houses, as full information as practicable in relation to each person sent or brought by them to such alms-house, and such keepers or other officers, shall record the information ascertained at the time of the admission of such person, on the forms so furnished. All such records shall be preserved in such alms-houses, and_ the keepers and other officers in charge thereof shall make copies of the same on the first day of each month, and immediately for- ward such copies to the state board of charities. [Poor Law (L. 1896, ch. 225), § 1388; Heydecker’s Gen. L. (2d. ed.), p. 2242.] 14. Forms of reports to be made by superintendent to the state board ’ of charities are prescribed and furnished by such board. 488 RELIEF oF Poor. Poor Law, §§ 13, 14. § 14. Board of supervisors or town board may make rules and regulations as to furnishing temporary relief. The board of supervisors of any county may make such rules and regulations as it may deem proper in regard to the manner of furnishing temporary or out door relief to the poor in the several towns in said county, and provided the board of supervisors shall have failed to make any such rules and regulations, the town board of any town may make such rules and regulations as it may deem proper in regard to furnishing temporary or out door relief to the poor in their respective towns, by the overseer or the over- seers of the poor thereof, and also in regard to the amount such overseer or overseers of the poor may expend for the relief of each person or family, and after the board of supervisors of any county, or the town board of any town, shall have made such rules and regulations, it shall not be necessary for the overseers of the poor of the towns in said county, where such rules and regulations were made by the board of supervisors, or if in a town, by the said town board, to procure an order from the supervisor of the town, or the sanction of the superintendent of the poor to expend money for the relief of any person or family, unless the board of supervisors of such county or the town board of such town shall so direct; but this section shall not apply to the counties of New York and Kings. [Poor Law (ZL. 1896, ch. 225), § 13, as amended by L. 1897, ch. 48; Heydecker’s Gen. L. (2d ed.), p. 2206. ] § 15. Failure of officer required to make statement or report as to the poor, how punished. Any superintendent of the poor or other officer or person having been an officer, who shall neglect or refuse to render any account, statement or report required by this chapter [the Poor Law], or shall wilfully make any false report, or shall neglect to pay over any money within the time required by law, shall forfeit two hundred dollars to the town or county of which he is or was an officer, and shall be liable to an action for all moneys which shall be in his hands after the time the same should have been paid over, with interest thereon at the rate of ten per centum per an- num from the time the same should have been paid over. The state board of charities shall give notice to the district attorney of the county of every neglect to make the report required to be made to that board, and every officer or board to whom any such SuPERINTENDENT OF THE Poor; ALMS-HOUSES. 489 L. 1884, ch. 438, § 2. account, statement, report or payment should have been made, shall give notice to such district attorney of every neglect or failure to make the same; and such district attorney shall, on receiving such notice or in any way receiving satisfactory evidence of such default, prosecute for the recovery of such penalties or moneys in the name of the town or county entitled thereto, and the sum recovered, if for the benefit of the town, shall be paid to the over- seer of the poor thereof, and if for the benefit of the county, shall be paid into the county treasury, to be expended by the overseer or superintendent of the poor for the support of the poor of such town or county.” [Poor Law (L. 1896, ch. 225, § 14; Hey- decker’s Gen. L. (2d ed.), p. 2206.] § 16. Children not to be sent to alms-houses. It shall not be lawful for any county superintendent or over- seer 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 poor-house or alms-house for support and care, or to detain any child between the ages of two and sixteen years in such poor-house or alms-house; but such county superintendents, over- seers of the poor, boards of charities or other officers shall provide for such child or children, in families, orphan asylums, hospitals, or other appropriate institutions, as provided by law. The boards of supervisors of the several counties of the state are hereby di- rected 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 practicable, be so provided for or placed in such asylum or such other institution as shall then be controlled by persons of the same religious faith as the parents of such child.” “[Z. 1884, ch. 438, § 2.] 15. Application of section. This section applies to all officers required under the Poor Law to make an account, statement or report. The state- ments, accounts and reports of superintendents are required by sec. 3, sub. 1, 3, 8, 14, ante, p. 479, sec. 8, ante, p. 485, sec. 9, ante, p. 485, sec. 11, ante, p. 486, and sec. 12, ante, p. 486. Those of overseers of poor are prescribed under sec. 25, post, p. 525, sec. 26, post, p. 526, sec. 27, post, p. 528. By this section the penalty is made uniform and applies to all violations of the sec- tions specified. 16. Placing out destitute children by poor officer. A local officer charged with the relief of the poor cannot place out a destitute child unless duly licensed by the State Board of Charities. L. 1898, ch. 264, sec. 2. 490 Revier oF Poor. Poor Law, § 56. § 17. Poor children not to be committed to alms-house as vagrants, truants or disorderly persons; support of poor ch:ldren in families or charitable institutions. 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 arly jail or county alms-house, but to some reformatory, or other in- stitution, 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 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, over- seers of the poor, board of charity, or other officer, send any child under the age of sixteen years, 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 a poor person, to any county alms-house, but not longer than until it is two years of age. The boards 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 reforma- tory that is governed or controlled by persons of the same religious faith as the parents of such child. [Poor Law (L. 1896, ch. 225), § 56; Heydecker’s Gen. L. (2d ed.), p. 2219.] Aums-Houses; Powrrs or State Boarp or Cuarities. 491 Poor Law, §§ 115, 116. CHAPTER XXXV. ALMS-HOUSES ; POWERS OF STATE BOARD OF CHARITIES. Srcrion 1. Duties of the state board of charities relating to the poor. 2. Visitation and inspection of almshouses by state board; con missioners and officers. to be admitted. 8. Investigation by board or committee; orders thereon as to treatment of inmates, &c. 4, Almshouse construction and administration; approval of plans by board. ‘5. Attorney-general .and district attorneys to aid board in legal investigations. 6. State, non-resident and alien poor in county almshouses. 7. Visit of almshouses by the state charities aid association. § 1. Duties of the state board of charities relating to the poor. The State Board of Charities shall: 1. Investigate the condition of the poor seeking public aid and devise measures for their relief. 2. Administer the laws provididng for the care, support and removal of state and alien poor and the support of Indian poor persons. 3. Advise the officers of alms-houses in the performance of ‘their official duties. 4. Collect statistical information in respect to the property, receipts and expenditures of all alms-houses, and the number and condition of the inmates thereof. [Poor Law (L. 1896, ch. 225), § 115; Heydecker’s Gen. L. (2d ed.), p. 2235.] § 2. Visitation and inspection of alms-houses by state board; commissioners and officers to be admitted. Any commissioner or officer of the State Board of Charities, or any inspector duly appointed by it for that purpose, may visit and inspect any alms-house in this state. On such visite inquiry shall be made to ascertain: 1. Whether the rules and regulations of the board, in respect ‘to such alms-house, are fully complied with. 2. Its methods of industrial, educational and moral training, if any, and whether, the,same are best adapted to the needs of its 492 ReiieF oF Poor. Poor Law, § 117. 3. The condition of its finances generally. 4. The methods of government and discipline of its inmates. 5. The qualifications and general conduct of its officers and employes. 6. The condition of its grounds, buildings and other’ property. 7. Any other matter connected with, or petinent to, its useful- ness and good management. : Any commissioner or officer of the board, or inspector duly appointed by it, shall have free access to the grounds, buildings, books and papers relating to such alms-house, and may require from the officers and persons in charge, any information it may deem necessary. Such board may prepare regulations according to age, and provide blanks and forms upon which such informa- tion shall be furnished, in a clear, uniform and prompt manner for the use of the board; any such officer or inspector who shall divulge or communicate to any person without the knowledge and consent of such board, any facts or information obtained in pur- suance of the provisions of this chapter, shall be guilty of a mis- demeanor, and shall at once be removed from office. The annual reports of each year shall give the results of such inquiry, with the opinion and conclusions of the board relating to the same. Any officer, superintendent or employe of any such alms-house who shall willfully refuse to admit any member, officer or inspector of the board, for the purpose of visitation and inspection, and who shall refuse or neglect to furnish the opinion required by the board, or any of its members, officers or inspectors, shall be guilty of a misdemeanor, and subject to a fine of one hundred dollars for each such refusal or neglect. The rights and powers hereby conferred may be enforced by an order of the Supreme Court after such notice as the court may prescribe, and an opportunity to be heard thereon, or by indictment by the grand jury of the county, or both. [Poor Law (L. 1896, ch. 225), § 116; Hey- decker’s Gen. L. (2d ed.), p. 2236.] § 3. Investigation by board or committee; orders thereon a3 to treatment of inmates, etc. The board may, by order, direct an investigation by a com- mittee of one or more of its members, of the officers and managers of any alms-house, or of the conduct of its officers and employees; and the commissioner or commissioners so designated to make Aums-Hovuses; Powrrs oF State Boarp or Cuaririzs. 493 Poor Law, §§ 118, 119. 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 alms-house are cruelly, negligently or improperly treated, or inadequate provision is made for their sustenance, clothing, care and supervision, or other condition necessary to their comfort and well being, such board may issue an order in the name of the people, and under its official seal, directed to the proper officer of such alms-house, requiring him to modify such treatment or apply such remedy, or both, as shall therein be specified. Before such order is issued it must be approved by a justice 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 (L. 1896, ch. 225), § 117; Heydecker’s Gen. L. (2d ed.), p. 2237.] § 4. Alms-house construction and administration; approval of plans by board. No alms-house shall be built or reconstructed, 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 attention, 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 alms-house of such county, or in the administra- tion 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 (L. 1896, ch, 225), § 118; Heydecker’s Gen. L. (2d ed.), p. 2237.) § 5. Attorney-general and district attorneys to aid board in legal investigations. If, in the opinion of the state board of ques or any three members thereof, any matter in regard to the management or affairs of any suchi alms-house, or any inmate or person in any way connected therewith, require legal investigation or action of 494 Reier or Poor. Poor Law, §§ 120, 121. any kind, notice thereof may be given by the board, or any three members thereof, to the attorney-general, who shall thereupon make inquiry and take such proceedings in the premises as he may deem necessary and proper. It shall be the duty of the at- torney-general and of every district attorney when so required to furnish such legal assistance, counsel or advice as the board may require in the discharge of its duties under this chapter. [Poor Law (L. 1896, ch, 225), § 119; Heydecker’s Gen. L. (2d ed.), p. 2237.] § 6. State, nonresident and alien poor in county alms-houses. The state board of charities, and any of its members or officers, may, at any time, visit and inspect any alms-house to ascertain if any inmates are state charges, nonresidents, or alien poor; and it may cause to be removed to the state or country from which he came, any such nonresident or alien poor found in“any such alms- house. [Poor Law (L. 1896, ch. 226), § 120; Heydecker’s Gen. L, (2d ed.), p. 2238.) § 7. Visit of alms-houses. by the state charities aid association. Any justice of the Supreme Court, on written application of the state charities aid association, through its president or other officer designated by its board of managers, may grant to such persons as may be named in such application, orders to enable such persons, or any of them, as visitors of such association, to visit, inspect and examine, in behalf of such association, any alms- house within the state. The person so appointed to visit, inspect and examine such alms-house and alms-houses, shall reside in the county or counties from which such alms-house or alms-houses receive their or some of their inmates, and such appointment shall be made by a justice of the Supreme Court of the judicial district in which such visitors reside. Each order shall specify the alms- house to be visited, inspected and examined, and the name of each person by whom such visitation, inspection and examination shall be made, and shall be in force for one year from the date on which it shall have been granted, unless sooner revoked. All persons in charge of any such alms-house shall admit each person named in any such order into every part of such alms- house, and render to such person every possible facility to enable him to make in a thorough manner such visit, inspection and Atms-HousEes; Powrrs oF Strate Boarp or Cuaritizs, 495 Poor Law, § 121. examination, which are hereby declared to be for a public purpose and to be made with a view to publie benefit. Obedience to the orders herein authorized shall be enforced in the same manner as obedience is enforced to an order or mandate of a court of record. Such association shall make an annual report to the state board of charities upon matters relating to the alms-house subject to its visitation. Such reports shall be made on or before the first day of November for each preceding fiscal year. [Poor Law (L. 1896, ch. 225), § 121; Heydecker’s Gen. L. (2d ed.), p. 2238.] 496 Reier oF Poor. Insanity Law, § 62. CHAPTER XXXVI. ‘SUPPORT OF THE INSANE, IDIOTS AND EPILEPTICS. Section 1. Application by poor officers for commitment of the insane. 2. Costs of commitment of insane persons charge on county, city or town securing commitment. 3. Poor and indigent insane supported by state; patients com- mitted by order of criminal court charge on county. Relatives to support insane other than the poor and indigent; duties of poor officers. 5. Superintendents and overseers of the poor to see that insane poor be granted relief; hospitals to which insane to be com- mitted. 6. Apprehension and confinement of dangerous insane; duties of superintendents and overseers of the poor. 7. Discharge of patients; duties of superintendents of the poor. 8. Manner of receiving pupils at the Syracuse State Institution for Feeble Minded Children. 9. Discharge of state pupils from such institution; expense of re- turn to be audited by superintendent of the poor. 10. Expense of clothing state pupils to be paid by county; support of pupils to be paid by parents and relatives; expense of re- moval. 11. Commitments to Rome State Custodial Asylum; duties of super- intendent of the poor. 12. Admission of patients to Craig Colong for Epileptics; appli- cations by superintendents of the poor; poor epileptics to be placed in colony. 13. Support of state patients at Craig Colony; payment of ex- pense of clothing by counties. 14, Apportionment of state patients among counties. 15. State, non-resident and alien poor not to be admitted to cer- tain institutions. 4 § 1. Application by poor officers for commitment of the insane. An overseer of the poor of a town or a superintendent of the poor of a county in which an alleged insane person may be, may apply to a judge of a court of record for an order committing such person to a state hospital for the insane. Notice of an applica- tion for such commitment by such officer must be served personally on the alleged insane person, and upon “the husband or wife, fahter or mother or next of kin of such alleged insane person, if there be any such known to be residing within the county, and if not, upon the person with whom such alleged insane person may Support oF THE Insanz, Iniots anp Eriteprics. 497 Insanity Law, §§ 64, 65. reside, or at whose house he may be.” The proceedings to deter- mine the question of insanity of the person alleged to be insane are then to be conducted the same in all respects: as where the commitment is sought by other persons. See Insanity, Law (L. 1896, ch. 545, § 62, as amended by L. 19038, ch. 146; Heydecker’s Gen. L. (2d ed.), p. 2821. § 2. Costs of commitment of insane persons charge on county, city or town securing commitment. The costs necessarily incurred in determining the question of the insanity of a poor or indigent person and in securing his ad- mission into a state hospital, and the expense of providing proper clothing for such person, in accordance with the rules and regula- tions adopted by the commission, shall be a charge upon. the town, city or county securing the commitment. Such costs shall include the fees allowed by the judge or justice ordering the commitment to the medical examiners. If the person sought to be committed is not a poor or indigent person, the costs of the procedings to determine his insanity and to secure his commitment, as provided in this article, shall be a charge upon his estate, or shall be paid by the persons legally liable for his maintenance. If in such pro- cedings, the alleged insane person is determined not to be insane, the judge or justice may, in his discretion, charge the costs of the proceedings to the person making the application for an order of commitment, and judgment may be entered for the amount thereof and enforced’ by execution against such person. [Insanity Law (L. 1896, ch. 545), § 64; Heydecker’s Gen. L. (2d ed.), p. 2328.] § 3. Poor and indigent insane supported by state; patients committed by order of criminal court charge on county. All poor and indigent insane persons not in confinement under criminal proceedings, shall, without unnecessary delay, be trans- ferred to a state hospital and there wholly supported by the state. The costs necessarily incurred in the transfer of patients to state hospitals shall be a charge upon the state. The commission shall secure from the patient’s estate and from relatives or friends who are liable or may be willing to assume the costs of support of inmates of state hospitals supported by the state, reimburse- ment, in whole or in part, of the money thus expended, either directly or through the treasurers of the respective hospitals, as a2 498 RELIEF oF Poor. Insanity Law, § 66. provided in section forty-two of this act. The commission may appoint agents, whose duty is shall be to secure from relatives and friends who are liable therefor, or who may be willing to assume the cost of support of any of the inmates of state hospitals as are being supported by the state, reimbursement in whole or in part of the money so expended. The compensation of each agent shall not exceed five dollars a day, and the necessary traveling and other incidental expenses incurred by him, to be approved by the comp- troller. The commission may fix a rate to be paid for the sup- port of the inmates of state hospitals by relatives liable for such support or by those not liable for such support, but willing to assume the cost thereof; but such rate shall be sufficient to cover a proper proportion of the cost of maintenance and of necessary repairs and improvements. The maintenance of any inmate of a state hospital, committed thereto upon a court order arising out of any criminal action, shall be paid by the county from which such inmate was committed. [Insanity Law (L. 1896, ch. 545), § 65, as amended by L. 1900, ch. 380, and L. 1901, ch. 546; Hey- decker’s Gen. L. (2d ed.), p. 2324. ] § 4. Relatives to support insane other than the poor and in- digent; duties of poor officers. The father, mother, husband, wife and children of an insane person, if of sufficient ability, and the committee or guardian of his petson and estate, if his estate is sufficient for the purpose, shall cause him to be properly and suitably cared for and main- tained. The commission and the superintendent of the poor of the county, and the overseer of the poor of the town where any such insane person may be, or in the city of New York, the com- missioners of public charities, may inquire into the manner in which any such person is cared for and maintained; and if, in the judgment of any of them, he is not properly or suitably cared for, may apply to a judge of a court cf record for an order to commit him to a state hospital under the provisions of this article, but such order shall not be made unless the judge finds and certi- 1. Relatives of poor and indigent persons who are insane may be com- pelled to support such insane persons. Code Criminal Proc., secs. 914-920, post, p. 556. By the preceding section of the Insanity Law, sec. 65, the com- mission in lunacy or the treasurer of each state hospital are authorized to secure from the patient’s estate or from his relatives, reimbursement for the whole or a part of the money expended by the state in the care and main- tenance of such patient. Support or tue Insane, Iprots anp Epizteptics. 499 Insanity Law, § 67. fies in the order that such insane person is not properly or suitably cared for by such relative or committee, or that it is dangerous to the public to allow him to be cared for and maintained by such relative or committee. The costs and charges of the commitment and transfer of such insane person to a state hospital shall be paid by the committee, or the father, mother, husband, wife or children of such person, to be recovered in an action brought in the name of the people by the commission, the superintendent of the poor of the county, or the overseer of the poor of the town where such insane person may be, or in the city of New York in the name of the commissioners of public charities. In all claims of the state upon relatives liable for the support of a patient, or upon moneys or property held by said patient, the state shall be deemed a preferred creditor. [Insanity Law (L. 1896, ch. 545), § 66, as amended by L. 1900, ch. 380.] § 5. Superintendents and overseers of the poor to see that in- sane poor be granted relief; hospitals to which insane to be com- mitted. All county superintendents of the poor, overseers of the poor and other city, town or county authorities, having duties to per- form relating to the insane poor, are charged with the duty of seing that all poor and indigent insane persons within their re- spective municipalities, are timely granted the necessary relief conferred by this chapter, and, when so ordered by a judge, as herein provided, or by the commission, shall see that they are, without unnecessary delay, transferred to the proper institutions provided for their care and treatment as the wards of the state. Before sending a person to any such institution, they shall see that he is in a state of bodily cleanliness and comfortably clothed with suitable or new clothing, in accordance with the regulations prescribed by the commission.” The commission may, by order, direct that any person it deems unsuitable therefor shall not be so employed or act as such attendant. Each patient shall be sent 2. New clothing. A regulation adopted by the state commission in lunacy that each patient be furnished by the county with new clothing be- fore his admission into a state hospital is reasonable and must be obeyed. People ex rel. Croft v. Manhattan State Hospital, 5 App. Div. 249; 39 N. Y. Supp. 158. Cost of new clothing is a charge upon the county, or town securing: the patient’s commitment. Insanity Law, sec. 64, ante, p. 497. The cost of transfer is a state charge. Insanity Law, sec. 65, ante, p. 497. 500 Reiser or Poor. Insanity Law, § 68. to the state hospital, within the district embracing the county from which he is committed, except that the commission may, in their discretion, direct otherwise, but private or public insane patients, for whom homeopathic care and treatment. may be de- sired by their relatives, friends or guardians, may be committed _ to the Middletown State Homeopathic hospital, or to the Gowanda State Homeopathic hospital, from any of the counties of the state, in the discretion of the judge granting the order of commitment; and the hospital to which any patient is ordered to be sent shall, by and under the regulations made by such commission, send a trained attendant to bring the patient to the hospital. Each female committed to any institution for the insane shall be ac- companied by a female attendant, unless accompanied by her father, brother, husband, or son. After the patient has been delivered to the proper officers of the hospital, the care and custody of the municipality from which he is sent shall cease. [Insanity Law (ZL. 1896, ch. 545), § 67, as amended by L. 1899, ch. 481, and L. 1903, ch. 146; Heydecker’s Gen. L. (2d ed.), p. 2825.] § 6. Apprehension and confinement of dangerous insane; duties of superintendents and overseers of the poor. When an insane person is possessed of sufficient property to maintain himself, or his father, mother, husband, wife or chil- dren are of sufficient: ability to maintain him, and his insanity is such as to endanger his own person, or the person and property of others, the committee of his person and estate, or such father, mother, husband, wife, or children must provide a suitable place for his confinement, and there maintain him in such manner as shall be approved by the proper legal authority. The county superintendent of the poor and the overseers of the poor of towns and cities, the commissioners of public charities in the city of New York, and the commissioners of charities and correction in the city of Brooklyn, are required to see that the provisions of this section are carried into effect in the most humane and speedy manner. Upon,the refusal or neglect of a committee, guardian or relative of an insane person to cause him to be confined, as required in this chapter, the officers named in this section shall apply to a judge of a court of record of the city or county or to a justice of the Supreme Court of the judicial district in which such insane person may reside or be found, who, upon being satisfied, upon proper proofs, that such person is dangerously in- Support oF THE Insane, Ip1oTs anp Epiteptics. 501 Insanity Law, § 68. sane and. improperly at large, shall issue a precept to one or more of the officers named, commanding them to apprehend and confine such insane person in some comfortable and safe place; and such officers in apprehending such insane person shall possess all the powers of a peace officer executing a warrant of arrest in a crim- inal proceeding.’ Unless an order of commitment has been previ- ously granted, such officers shall forthwith make application for the proper order for his commitment to the proper institution for the care, custody and treatment of the insane, as authorized by this chapter, and if such order is granted, such officer shall take the necessary legal steps to have him transferred to such institu- tion. In no case shall any such insane person be confined in any other place than a state hospital or duly licensed institution for the insane, for a period longer than ten days, nor shall such per- son be committed as a disorderly person to any prison, jail or lockup for criminals, unless he be violent and dangerous, and there is no other suitable place for his confinement, nor shall he be confined in the same room with a person charged with or con- victed of crime. Any person apparently insane, and conducting himself in a manner which in a sane person would be disorderly, may be arrested by any peace officer and confined in some safe and comfortable place until the question of his sanity be determined, ea prescribed by this chapter." The officer making such arrest shall immediately notify the superintendent of the poor of the county, or the overseers of the poor of the town or city, or, in the city of New York, the commissioners of public charities, or, in the city of Brooklyn, the commissioners of charities and correc- tion, who shall forthwith take proper measures for the determina- tion of the question of the insanity of such person.” [Insanity 3. Arrest of a dangerous insane person, force may be used. Penal Code, sec. 223, sub. 6. 4. Unlawful confinement; harsh treatment. A person who confines an idot, lunatic or insane person, in any other manner or in any other place than as authorized by law, and a person guilty of harsh, cruel or unkind treatment of or any neglect of duty towards any idiot, lunatic or insane per- son under confinement, whether lawfully or unlawfully confined, is guilty of a misdemeanor. Penal Code, sec. 377. 5. Application of section. The above section relates to dangerously insane persons. The father is therein required to provide a suitable place for his lunatic son’s confinement, and upon his refusal or. neglect so to do, legal proceedings may be instituted, and a commitment ordered on proper proof. Long Island State Hospital v. Stuart, 22 Misc. 48, 51; 49 N. Y. Supp. 372. 502 RewieF or Poor. Insanity Law, § 74. Law (L. 1896, ch. 545), § 68; Heydecker’s Gen. L. (2d ed.), p. 2326. | § 7. Discharge of patients; duties of superintendent of the poor. The superintendent of a state hospital, on filing his written certificate with the secretary of the board of managers, may dis- charge any patient, except one held upon an order of a court or judge having criminal jurisdiction in an action or proceding aris- ing out of a criminal offense at any time, as follows: 1. A patient who, in his judgment, is recovered. 2. Any patient who is not recovered but whose discharge, in the judgment of the superintendent, will not be detrimental to the public welfare, or injurious to the patient; provided, how- ever, that before making such certificate, the superintendent shall satisfy himself, by sufficient proof, that friends or relatives of the patient are willing and financially able to receive and properly care for such patient after his discharge. When the superin- tendent is unwilling to certify to the discharge of an unrecovered patient upon request, and so certifies in writing, giving his rea- sons therefor, any judge of a court of record in the judicial district in which the hospital is situated may, upon such certifi- cate and an opportunity of a hearing thereon being accorded the superintendent, and upon such other proofs as may be produced before him, direct, by order, the discharge of such patient, upon such security to the people of the state as he may require, for the good behavior and maintenance of the patient. The certificate and the proof and the order granted thereon shall be filed in the clerk’s office of the county in which the hospital is situated, and a certified copy of the order in the hospital from which. the patient is discharged. The superintendent may grant a parole to a pa- tient not exceding thirty days, under general conditions prescribed by the commission. The commission may, by order, discharge any patient in its judgment improperly detained in any institu- tion. A poor and indigent patient discharged by the superin- tendent, because he is an idiot, or an epileptic, not insane, or because he is not a proper case for treatment within the meaning of this chapter, shall be received and cared for, by the superin- tendent of the poor or other authority having similar powers, in the county from which he was committed. A patient, held upon an order of a court or judge having criminal jurisdiction, in an Support oF THE Insanz, Ipiots anp Eriueptics. 503 State Charities Law, § 68. action or proceding arising from a criminal offense, may be dis- charged upon the superintendent’s certificate of recovery, ap- proved by any such court or judge. [Insanity Law (L. 1896, ch. 545), § 74; Heydecker’s Gen. L. (2d ed.), p. 2329.] § 8. Manner of receiving pupils at the Syracuse State Institu- tion for Feeble-minded Children.’ There shall be recived and gratuitously supported in the in- stitution one hundred and twenty feble-minded children, as state pupils, who shall be selected from those whose parents or guar- dians are unable to provide for their support, in equal numbers as far as may be, from each judicial district. Such additional number of feeble-minded children as can be conveniently accom- modated shall be received into the institution on such terms as shall be just. If the number of feebleminded children admitted shall not equal the capacity of the institution, such additional number of nonteachable idiots may be admitted as can be con- veniently accommodated. Feeble-minded children shall be re ceived into the institution upon the written request of the person by whom they are sent, stating the name in full, age, place of nativity, if known, the town, city or county in which each resides, and whether such child, his parents or guardian, are able to pro- vide for his support, in whole or in part, and if in part only what part, the degree of relationship or other circumstances of connec- tion between him and the person requesting his admission, which staement must be verified by the affidavit of two disinterested persons, residents of the same county ‘as the child and acquainted with the facts and circumstances stated, and certified to be cred- ible by the county judge of the county. Such judge must also further certify that such child is an eligible and proper candidate for admission to such institution. Feeble-minded children may also be received into such. institution upon the official application of a county superintendent of the poor, or the commissioners of charity of a city of the state having such officers. In the admis- sion of feebleminded children, preference shall be given to poor or indigent children over all others, and to such as are able or have parents able to support them only in part, over those who. are or who have parents who are able to wholly support such chil- 6. The Syracuse State Institution for Feeble-minded Children is established and managed pursuant to article 4 of the State Charities Law. See Heydecker’s Gen. L. (2nd ed.), p 2115. 504 RELIEF oF Poor. State Charities Law, §§ 69, 70. dren. [State Charities Law (L. 1896, ch. 546), § 68; Hey- decker’s Gen. L. (2d ed.), p. 2119.] § 9. Discharge of state pupils from such institution; expense of return to be audited by superintendent of the poor. When the manager shall direct a state pupil to be discharged from the institution, the superintendent thereof may return him to the county from which he was sent, and deliver him to the keeper of the alms-house thereof, and the superintendent of the poor of the county shall audit and pay the actual and reasonable expenses of such return.’ If any town, county or person is legally liable for the support of such pupil, such expenses may be re- covered by action in the name of the county by such superintendent of the poor. If the superintendent of the poor neglect: or refuse to pay such expenses on demand, the treasurer of the institution may pay the same and charge the amount to the county; and the treasurer of the county shall pay the same with interest after thirty days, out of any funds in his hands not otherwise appro- priated; and the supervisors shall raise the amount so paid as other county charges. [State Charities Law (L. 1896, ch. 546), § 69; Heydecker’s Gen. L. (2d ed.), p. 2120.] § 10. Expense of clothing state pupils to be paid by county; support of pupils to be paid by parents and relatives; expense of removal. The supervisors of any county from which state pupils may have been received shall cause to be raised annually, while such pupils remain in the institution, the sum of thirty dollars for each pupil, for the purpose of furnishing suitable clothing, which shall be paid to the treasurer of the institution on or before the first day of April.” The superintendent may agree with the parent, guar- dian or committee of a feeble-minded child, or with any person, for the support, maintenance and clothing of such a child at the institution, upon such terms and conditions as may be prescribed, in the by-laws, or approved by the managers. Every parent, %. Audit of accounts by superintendent of the poor. See Poor Law, sec. 3, ante, p. 478. 8. Audit of expense of clothing to be paid by counties. See County Law, sec. 12, ante, p. 45. The accounts against the several counties for the expense of such elothing should be itemized and verified as provided in County Law, sec. 24, ante, p. 28. Support or THE Insane, Ipiots anp Epizzprics. 505 State Charities Law, § 94. guardian, committee, or other person applying for the admission into the institution of a feeble-minded child who is able, or whose parents or guardians are of sufficient ability to provide for his maintenance therein, shall at the time of his admission, deliver to the superintendent an undertaking, with one or more sureties, to be approved by the managers, conditioned for the payment to the treasurer of the institution of the amount agreed to be paid for the support, maintenance and clothing of such feeble-minded child, and for the removal of such child from the institution with- out expense thereto, within twenty days after the service of the notice hereinafter provided. If such child, his parents or guar- dians are of sufficient ability to pay only a part of the expense of supporting and maintaining him, such undertaking shall be only for his removal from the institution as above mentioned; and the superintendent may take security by note or other written agree- ment, with or without sureties, as he may deem proper, for such part of such expenses as such child, his parents or guardians are able to pay, subject, however, to the approval of the managers in the manner that shall be prescribed in the by-laws. Notice to remove a pupil shall be in writing, signed by the superintendent and directed to the parents, guardians, committee or other person upon whose request the pupil was received at the institution, at the place of residence mentioned in such request, and deposited in the post-office at Syracuse with the postage prepaid. If the pupil shall not be removed from the institution within twenty days after service of such notice, according to the conditions of the agreement and undertaking, he may be removed and disposed of by the superintendent as herein provided, in: relation to state pupils, and the provisions of this article respecting the payment and recovery of the expenses of the removal and disposition of a state pupil, shall be equally applicable to expenses incurred under this section. [State Charities Law (L. 1896, ch. 546), § 70; Heydecker’s Gen. L. (2d ed.), p. 2120.] § 11. Commitments to Rome State Custodial Asylum;’ duties of superintendent of the poor. The superintendents of the poor of the various counties of the state, may commit to such asylum, if vacancies exist therein, such 9. The Rome State Custodial Asylum is established and managed pur- suant to State Charities Law, art. 6. See Heydecker’s Gen. L. (2nd ed.), p, 2122. 506 RELIEF oF Poor. State Charities Law, § 109. unteachable idiots residing in their respective counties, who are indigent or inmates of county alms-houses, according to the by- laws and regulations of the asylum. All commitments shall be in the form prescribed by the board of managers. Insane idiots or epileptics shall not be committed to such asylum. Unteach- able idiots other than the poor and indigent may be admitted to the asylum, if vacancies exist, after providing for the care and custody of the poor and indigent idiots, at a rate which shall not exceed the weekly per capita cost of maintaining all inmates as determined yearly by the board of managers. The maintenance of the institution and the poor and indigent inmates thereof shall be a charge upon the state. [State Charities Law (L. 1896, ch. 546), § 94; Heydecker’s Gen. L. (2d ed.), p. 2123.] § 12. Admission of patients to Craig Colony for Epileptics;” applications by superintendents of the poor; poor epileptics to be placed in colony. There shall be received and gratuitously supported in the col- ony, 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 patients. Such additional number of epileptics as can be con- veniently accommodated shall be received into the colony by the managers on such terms as shall be just, and shall be designated as private patients. Epileptic children shall be received into the colonly 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 relation- ship or other circumstances of connection between the patients and the persons requesting their admission; which statement in all cases of state patients 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 epileptic patient, and acquainted with the facts and circumstances stated, and who must be certified to be credible 10. Craig Colony for Epileptics was established and is managed pur- suant to State Charities Law. See Heydecker’s Gen. L. (2nd ed.), p. 2130. Suprorr or tue Insane, Ipiots anp FEpizreptics. 507 State Charities Law, § 109. by the county judge or surrogate of the county; and such judge or surrogate must also 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 col- ony 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 authorities of every city to furnish annually to the state board of charities, a list of all epileptics in their respective juris- dictions, so far as the same can be ascertained, with such particu- lars as to the condition of each epileptic as shall be prescribed by the said state board. Whenever an epileptic shall become a charge for lis 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 superintendents of the poor, and of the supervisors of such county, to place such epileptic in the said col- ony. Any parent, guardian or friend of an epileptic child within this state may make application to the poor authorities of any city, or the superintendent of the poor of any county or the board of supervisors or any supervisor of any town, ward or city where such child resides, showing by satisfactory affidavit or other proof that the health, morals, comfort or welfare of such child may be endangered 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 children.” 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 prefer- ence 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 (L. 1896, ch. 546), § 109; Heydecker’s Gen. L. (2d ed.), p. 2180. ] 11. Accounts for support of patients chargeable to a county should be submitted to the clerk of the board of supervisors in the manner prescribed by sec. 47 of the State Charities Law. See post, p. 588. As to the audit of such accounts by the board of supervisors, see County Law, sec. 12, ante, p. 21. 508 REiieF oF Poor. State Charities Law, §§ 110, 111, 16, § 13. Support of state patients at Craig Colony; payment of expense of clothing by counties. State patients shall be provided with proper board, lodging, medical treatment, care and tuition; and the managers of the ~ colony shall receive for each state patient supported therein a sum not exceeding two hundred and fifty dollars per annum; which payments, if any, shall be made by the treasurer of the state, on the warrant of the comptroller, to the treasurer of the said colony, on his presenting the bill of the actual time and number of patients in the colony, signed and verified by the superintendent and treas- urer of the colony and by the president and secretary of its board of managers. The supervisors of any county from which such patients may have been received into the colony shall cause to be raised annually while such patients remain in the colony, the sum of thirty dollars for each of such state patients for the purpose of furnishing suitable clothing, and the same shall be paid to the treasurer of the colony on or before the first day of April of each year.” [State Charities Law (L. 1896, ch. 546), § 110; Hey- ‘decker’s Gen. L. (2d ed.), p. 2181.] § 14. Apportionment of state patients among counties. Whenever applications are made at one time for admission of more state patients than can be properly accommodated in the col- ony, the managers shall so apportion the number received, that each county may be represented in a ratio of its dependent epi- leptic population to the dependent epileptic population of the state, as shown by statistics furnished by the state board of chari- ties. [State Charities Law (L. 1896, ch. 546), § 111; Heydeck- er’s Gen. L. (2d ed.), p. 2182.] § 15. State, nonresident and alien poor not to be admitted to certain institutions. A poor person shall not be admitted as an inmate into a state institution for the feeble-minded, or epileptics, unless a resident of the state for one year next preceding the application for his 12. Clothing accounts. The superintendent of the colony is required by section 46 of the State Charities Law to report to the clerk of the board of supervisors of each county the number of patients committed to such colony from such county. See post, p. 587. The accounts for such clothing are to be itemized and verified as provided in sec. 24 of the County Law, post, p. 28. Such accounts are then to be audited by the board of super- visors. Support oF THE Insane, Ipiors anp Eprrzeprics. 509 State Charities Law, § 16. admission. The state board of charities, and any of its members or officers, may, at any time, visit and inspect any institution subject to its supervision to ascertain if any inmates supported therein at a state, county or municipal expense are state charges, nonresidents, or alien poor; and it may cause to be removed to the state or country from which he came any such nonresident or alien poor found in any such institution. [State Charities Law (L. 1896, ch. 546), § 16; Heydecker’s Gen. L. (2d ed.), p. 2107.] 510 RELIEF OF Poor. Consolidated School Law, tit. 15, § 40. CHAPTER XXXVII. EDUCATION AND SUPPORT OF THE BLIND, AND THE DEAF AND DUMB. SEcTION 1. Appointment as state pupils in schools for the blind and the deaf and dumb. 2. Maintenance of indigent state pupils in New York Institution for the Blind in New York; duties of boards of supervisors in respect thereto. 3. Admission of pupils to New York State School for the Blind at Batavia; application for admission. 4. Clothing and traveling expenses of those admitted to State School for the Blind; when to be furnished or paid for by the county. . Itemized accounts against counties, payment of such accounts. 6. Pupils admitted to New York Institution and to State School for the Blind. 7. List of deaf and dumb to be furnished to state superintendent of public instruction. 8. Indigent deaf-mutes to be placed in institutions; application for admission; when expense a charge against county. 9. Provisions of act of 1863 applicable to Institution for Im- proved Instruction of Deaf-Mutes. 10. Pupils may be sent to Western New York Institution for Deaf- Mutes. 11. Admission of pupils to Northern New York Institution for Deaf-Mutes at Malone. 12. Verification of bills:for support of pupils at New York Institu- tion for the Instruction of the Deaf and Dumb. 13. Clothing for indigent deaf and dumb pupils charge upon county. oa § 1. Appointment as state pupils in schools for the blind and the deaf and dumb. All deaf and dumb persons resident in this state and upwards of twelve years of age, who shall have been resident in this state for one year immediately preceding the application, or, if a minor, whose parent or parents, or, if an orphan, whose nearest friend shall have been resident in this state for one year immediately preceding the application, shall be eligible to appointments as state pupils in one of the deaf and dumb institutions of this state, authorized by law to receive such pupils; and all blind persons of suitable age and similar qualifications shall be eligible to appoint- ment to the Institution for the Blind in the City of New York, or in the village of Batavia, as follows: All such as are residents Tue Buryp anp Tur Dear anp Dump. 511 Consolidated School Law, tit. 15, § 40. of the counties of New York, Kings, Queens, Suffolk, Nassau, Richmond, Westchester, Putnam and Rockland, shall be sent to the Institution for the Blind in the City of New York. Those who reside in other counties of the state shall be sent to the insti- tution for the blind in the village of Batavia. All such appoint- ments, with the exception of those to the institution for the blind in the village of Batavia, shall be made by the superintendent of public instruction, upon application, and in those cases in which, in his opinon, the parents or guardians of the applicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of expense of educating and clothing such pupils shall be paid by their parents, guardians, or friends in such manner and at such times as the superintendent shall designate, which conditions he may modify from time to time, if he shall deem it expedient to do so. [Consolidated School Law, tit. 15, § 40, as amended by L. 1893, ch. 62.] § 2. Maintenance of indigent state pupils in New York In- stitution for the Blind in New York; duties of boards of super- visors in respect thereto. The supervisors of any county in this state from which state pupils shall be sent to and received in the said institution, whose parents or guardians shall, in the opinion of the superintendent of public instruction, be unable to furnish them with suitable cloth- ing are hereby authorized and directed, in every year while such -pupils.are in said institution, to raise and appropriate thirty dol- lars for each of said pupils, and to pay the sum so raised to the said institution, to be by it applied to furnishing such pupils with suitable clothing while in said institution. And if in any case all or any of said moneys are not expended before the expiration of the periods of appointment of such pupils, then the unexpended residue shall go into the general clothing fund of the said institu- tion, to be by it devoted to furnishing state pupils with suitable clothing. If said sums shall not be paid to the said institution within six months after the annual meeting of the supervisors of any of said counties, the sums so unpaid shall bear interest at the rate of seven per centum per annum, from the expiration of said six months until the same be paid. The supervisors of any county in this state from whose pauper institutions pupils shall be sent to the said institution for the blind, shall raise, appropriate and pay to the order of the comptroller of the state, towards the ex- 512 RewreF or Poor. L. 1870, ch. 166, §§ 3, 4; L. 1867, ch. 744, § 1. pense of educating and clothing such pupils, a sum equal to that which the county would have to pay to support the pupils as paupers at home. [Amended by L. 1862, ch. 351.] As to counties of New York, Kings, Queens and Suffolk. The supervisors of the counties of New York or Kings, Queens and Suffolk, from which state pupils shall be sent to and received in said institution, whose parents or guardians shall, in the opinion of the superintendent of public instruction, be unable to furnish them with suitable clothing, are hereby authorized and directed, in every year while such pupils are in said institution, to raise and appropriate fifty dollars for each of said pupils from said counties respectively, and to pay the sum so raised to the said in- stitution, to be by it applied to furnishing such pupils with suit- able clothing while in said institution. [D. 1870, ch. 166, § 3, as amended by L. 1871, ch. 166.] If in any year hereafter there shall be any surplus of the amount above required to be paid yearly by the said counties for clothing for pupils from said counties, respectively, then such sur- plus shall be deducted pro rata the ensuing year from the amount above required to be paid by the said counties respectively. [Idem, § 4.] § 3. Admission of pupils to New York State School for the Blind at Batavia; application for admission. All blind persons of suitable age and capacity for instruction, who are legal residents of the state, shall be entitled to the privi- leges of the New York State Institution for the Blind,’ without charge, and for such a period of time in each individual case as may be deemed expedient by the board of trustees of said institu- tion; provided, that whenever more persons apply for admission at one time than can be properly accommodated in the institu- tion, the trustees shall so apportion the number received, that. each county may be represented in the ratio of its blind population to the total blind population of the state; and provided further, that the children of citizens who died in the United States service, or from wounds received therein during the late rebellion, shall take precedence over all others. [L. 1867, ch. 744, § 1; Heydecker’s Gen. L. (2d ed.), p. 4718.] 1. New York State Institution for the Blind. The name of this institution was changed by L. 1895, ch. 563, to the “New York State School for the Blind.” Tue Buinp anp THE Dear anp Doms. 513 L, 1867, ch. 744, §§ 2, 3, 13, 14. Blind persons from without the state may be received into the institution upon the payment of an adequate sum, fixed by the trustees, for their boarding and instruction; provided that such applicant shall in no case exclude those from the state of New York. [Idem, § 2.] Applications for admission into the institution shall. be made to the board of trustees in such manner as they may direct, but the board shall require such application to be accompanied by a cer- tificate from the county judge or county clerk of the county or the supervisor or town clerk of the town, or the mayor of the city where the applicant resides, setting forth thatthe applicant is a legal resident of the town, county and state claimed as his: or her residence.” [Idem, § 8, as amended by L. 1872, ch. 616.] § 4. Clothing and traveling expenses of those admitted to State School for the Blind; when to be furnished or' paid for by the county. When any blind person shall, upon proper application, be ad- mitted into the institution, it shall be the duty of his or her par- ents, guardians or other friends, to suitably provide such person with clothing at the time of entrance and during continuance therein, and likewise to defray his or her traveling expenses to and from the institution at the time of entrance and discharge, as well as at the beginning and close of each session of the school, and at any other time when it. shall become necessary to send such person home on account of sickness or other exigency. And when- ever it shall be deemed necessary by the trustees to- have such per- son permanently removed from the institution, in accordance with the by-laws and regulations thereof, the same shall be promptly removed upon their order, by his-or her parents, guard- ians or other friends. [LZ. 1867, ch. 744, § 18; Heydecker’s Gen. L. (2d ed.), p. 4715.) If the friends of any pupil from within the state of New York shall fail through neglect or inability to provide the same with proper clothing or with funds to defray his or her necessary travel- ing expenses to and from the institution, or to remove him or her 2. As to admission of state pupils and the. duties of the state superin- tendent of public instfuctivn in relation ‘thereto, see Consolidated School Law (L. 1894, ¢h. 556), tit. 15, secs. 40-43. L, 1865, ch. 587, secs, 11 and 12, are superséded, in -effeet, by the above sections of the act of 1867. 33 514 Retrer or Poor. L. 1867, eh. 744, §§ 15, 16. therefrom, as required in the preceding section, the trustees shall furnish such clothing, pay such traveling expenses, or remove such pupil to the care of the overseers of the poor of his or her town- ship, and charge the cost of the same to the county to which the pupil belongs, provided that the annual amount of such expendi- tures on account of any one pupil shall not exceed the sum of sixty dollars. And in case of the death of any pupil at the institw- tion, whose remains shall not be removed or funeral expenses borne by the friends thereof, the trustees shall defray the neces- sary burial expenses, and charge the same to his or her county as aforesaid. Upon the completion of their course of training in the industrial department, the trustees may furnish to such worthy poor pupils as may need it, an outfit of machinery and tools for commencing business, at a cost not exceeding seventy-five dollars each, and charge the same to the proper county, as aforesaid. Idem, § 14, as amended by L. 1873, ch. 463.] ‘§ §, Itemized accounts against counties, payment of such accounts. On the first day of October in each year, the: trustees shall ‘eause to be made out against the respective coumties concerned, itemized accounts, separate in each case, of the expenditures au- thorized by the preceding section of this act, and forward the ‘same to the board of supervisors chargeable with. the. account.’ The board shall thereupon direct the county treasurer to pay the amount so charged to the treasurer of the institution for the blind, on or before the first day of March next ensuing: [DL. 1867, ch. 744, § 15; Heydecker’s Gen. L. (2d ed.), p. 4746. ] The counties against which the said accounts shall be made out as aforesaid, shall cause their respective treasurers, in the name of their respective counties, to collect the same, by legal process, if necessary, from the parents or estates of the pupils who have the ability to pay, on whose account the said expenditures shall 3. As to presentation of accounts against a county, and the audit thereof by the board of supervisors, see ch. III, ante. As to reports of officers of institutions in which the instruction and maintenance of public is a charge against a county to the clerk of the board of supervisors, see L. 1880, ch. 347, sec. 3, post, p. 585, and State Charities Law, sec. 46, post, p. 587. As to form and contents of accounts to be rendered by such institutions to the clerk of the board of supervisors, see L. 1880, ch. 347, sec. 5, as amended by L. 1881, ch. 273, post, p. 585, and State Charities Law, sec. 46, post, p. 587. Tur Buryp anp THE DraF anv Dumps. 515° L. 1867, ch. 744, § 22; L. 1832, ch. 223, § 1. have been. made; provided that at least five hundred dollars’ value. of the property of such parents or estate shall be exempt from the payment of the accounts aforesaid." [Idem, § 16.] § 6. Pupils admitted to New York Institution and to State School for the Blind. The New York institution for the blind [in New York], shall continue to have the custody, charge, maintenance and education of all such pupils as are now intrusted to them by the state, and of any others who may be appointed prior to the opening of the state institution. at. Batavia; and shall receive compensation from the state for the maintenance, education and support of said pupils in the same manner as is now, or has heretofore been pro-. vided, and shall receive the same amount per capita from the. counties from which said pupils are respectively appointed as is now paid, for their clothing, until such period as the New York state institution for the blind [State School for the Blind], shall be ready to receive such pupils, and sl:all then, without reference to the term of years for which said pupils have been appointed under existing laws, and received by said New York institution for the blind, transfer said pupils to said state institution; pro- vided, however, that. they shall retain and continue to receive all pupils heretofore appointed or hereafter to be appointed, from the counties of New York and Kings under the appointment of the. superintendent of public instruction, in like manner as is now pro- vided by law,.to be received, mamtatnad and educated by the said New York institution for the blind, which shall be compensated. for their maintenance and education by the state; and for their clothing by the counties from which they are appointed, in like manner as is now: done. [L. 1867, ch. 744, § 22; Heydecker’s Gen. L. (2d ed.), p. 4717. ] § 7. List of deaf and dumb to be furnished to state superin- tendent of public instruction. It shall be the duty of the overseers of the poor in each town to furnish the superintendent of common schools with a list of the deaf and dumb persons in their respective towns, so far as they can. ascertain them, with such particulars in ndlation to the con- 4. Money raised by towns and counties for the care and support of’ inmates.of' charitable institutions, see L. 1895, ch. 754, sec. 1, post, p. 587. 516 Rewier oF Poor. L, 1832, ch. 223, § 2; L. 1863, ch. 325, §§ 1, 2. dition of each as shall be prescribed by the said superintendent. [L. 1832, ch.-223, § 1.] From the list thus obtained the superintendent may select, as state pupils, such as are properly embraced within the provisions of the existing laws, and make such regulations and give such di- rections to parents and guardians in relation to the admission of pupils, at stated periods, as will remove the inconvenience of hav- ing pupils of the same class entering the school at different per- iods. [Idem, § 2.] § 8. Indigent deaf-mutes to be placed in institutions; applica- tion for admission; when expense a charge against county. Whenever a deaf-mute child, under the age of twelve years, shall become a charge for its maintenance on any of the towns or counties of this state, or shall be liable to become such charge, it shall be the duty of the overseers of the poor of the town, or of the supervisors of such county, to place such child in the New York Institution for the Deaf and Dumb, or in the Institution for the Improved Instruction of Deaf-Mutes, or in the Le Cou- teulx St. Mary’s Institution for the Improved Instruction of Deaf-Mutes, in the city of Buffalo, or in the Central New York Institution for Deaf-Mutes, in the city of Rome, or in any insti- tution of the state for the education of deaf-mutes. [Z. 1863, ch. 825, § 1, as amended by L. 1870, ch. 180, L. 1871, ch. 548, and L. 1875, ch. 218; Heydecker’s Gen. L. (2d ed.), p. 4719.] Any parent, guardian or friend of a deaf-mute child, within this state, over the age of five years and under the age of twelve years, may make application to the overseer of the poor of any town or to any supervisor of the county where such child may be, showing by satisfactory affidavit or other proof, that the health, morals or comfort of such child may be endangered, or not prop- erly cared for, and thereupon it shall be the duty of such overseer or supervisor to place such child in the New York Institution for the Deaf and Dumb, or in the Institution for the Improved In- struction of Deaf-Mutes, or in the Le Couteulx Saint Mary’s In- stitution for the Improved Instruction of Deaf-Mutes in the city of Buffalo, or in the Central New York Institution for Deaf- Mutes in the city of Rome, or in the Albany Home School for the Oral Instruction of the Deaf at Albany, or in any institution in the state, for the education of deaf-mutes, as to which the board of state charities shall have made and filed with the superintendent Tue Burnp anp THE DegaF anp Dump. 517 L. 1863, ch. 825, §§ 3, 4; L. 1870, ch. 180, § 2. of publie.instruction a certificate to the effect that said institution has been duly organized and is prepared for the reception and in- struction of such pupils. [Idem, § 2, as amended by L. 1870,. ch. 180, L. 1871, ch. 548, L. 1875, ch. 218, L. 1892, ch. 36.] The children laced in said institutions, in pursuance of the foregoing sections, shall be maintained therein at the expense of the county from whence they came, provided that such expense shall not exceed three hundred dollacs each per year, until they attain the age of twelve years, unless the directors of the institu- tion to which a child has been sent shall find that such child is not a proper subject to remain in said institution. [Idem, § 3, as amended by L. 1875, ch. 213.] The expenses for the board, tuition and clothing for such deaf- mute children, placed as aforesaid in said institutions, not ex- ceeding the amount of three hundred dollars per year, above al- lowed, shall be raised and collected as are other expenses of the county from which such children shall be received; and the bills therefor, properly authenticated by the principal or one of the officers of the institution, shall be paid to said institution by the said county; and its county treasurer or chamberlain, as the case may be, is hereby directed to pay the same on presentation, so that the amount thereof may be borne by the proper county. [Idem, § 4, as amended by L. 1875, ch. 213.] § 9. Provisions of Act of 1863 applicable to Institution for Improved Instruction of Deaf-Mutes. All provisions of law now existing, fixing the expenses of the board, tuition and clothing of children under twelve years placed in the New York Institution for the Instruction of the Deaf and Dumb, shall apply to children who may, from time to time, be placed in the said institution for the improved instruction of deaf-mutes, in the same manner, and with the like effect, as if said last mentioned institution had also originally been named in the acts fixing such compensation, and as if said acts had provided for the payment thereof to the institution last mentioned, and the bills therefor properly authenticated by the principal or one of the officers of the said last mentioned institution shall be paid to said institution by the counties respectively from which such chil- dren were severally received, and the county treasurer or chamber- lain, as the case may be, is hereby directed to pay the same on presentation, so that the amount thereof may be borne by the 518 RewieF oF Poor. L. 1870, ch. 180, § 3; L. 1876, ch. 331, § 2; L. 1884, ch. 275, §§ 1, 2. proper county. [Z. 1870, ch. 180, § 2; Heydecker’s Gen. L. (24 ed.), p. 4721. ] Sections nine and ten of title one of an act entitled “An act to revise and consolidate the general acts relating to public instruc- tion,” passed May second, eighteen hundred and sixty-four, are hereby amended so that the same shall extend and apply to the said “Institution for the Improved Instruction of Deaf-Mutes” in the like manner, and with the like effect, as if said last men- tioned institution, as well as the others therein mentioned, had originally been named in the said sections respectively. [Idem, § 3.) § 10. Pupils may be sent to Western New York Institution for Deaf-Mutes. Supervisors of towns and wards and overseers of the poor are hereby authorized to send to the Western New York Institution for Deaf-Mutes, deaf and dumb persons between the ages of six ‘and twelve years, in the same manner and upon the same condi- tions as such persons may be sent to the New York Institution for the Instruction of the Deaf and Dumb, under the provisions of chapter three hundred and twenty-five of the laws of eighteen hundred -and sixty-three. [Z. 1876, ch. 331, § 2; Heydecker’s Gen. L. (2d ed.), p, 4722.] § 11. Admission of pupils to Northern New York Institution for Deaf-Mutes at Malone. The Northern New York Institution for Deaf-Mutes at Malone is hereby authorized to receive deaf and dumb persons, between the ages of twelve and twenty-five years, eligible to appointment as state pupils, and who may be appointed to it by the superin- tendent of public instruction, and the superintendent of public instruction is authorized to make appointments to the aforesaid institution. [Z. 1884, ch. 275, § 1; Heydecker’s Gen. L. (2d ed.), p. 4722.) Supervisors of towns and wards and overseers of the poor are hereby authorized to send to the Northern New York Institution for Deaf-Mutes, deaf and dumb persons between the ages of six and twelve years, under the provisions of chapter three hundred and twenty-five of the laws of eighteen hundred and sixty-three, as amended by chapter two hundred and thirteen of the laws of eighteen hundred and seventy-five. Provided that before any Tur Burnp.anp THE Dear anp Doms. 519 L. 1894, ch. 93, § 1; Consolidated School Law, tit. 15, § 43a. pupils are sent to said institution the board of state charitics shall have made and filed with the superintendent of public instruction a certificate to the effect that said institution has been duly organ- ized and is prepared for the reception and instruction. of such pupils. [Zdem, § 2.] § 12. Verification of bills for support of pupils at New York Institution for the Instruction of the Deaf and Dumb. Hereafter any bill for board, lodging, clothing or tuition of pupils, in the aforesaid institution, shall be signed and verified by the principal and steward of said institution, instead of its president and secretary, any existing law to the contrary notwith- standing. [Z. 1894, ch. 98, § 1.] § 13. Clothing for indigent deaf and dumb pupils, charge upon county. The supervisors of any county in this state from which county state pupils may be hereafter appointed to any institution for the instruction of the deaf and dumb, whose parents or guardians are unable to furnish them with suitable clothing, are hereby author- ized and required to raise in each year for this purpose for each such pupil from said county, the sum of thirty dollars. [Consoli- dated School Law, tit. 15, § 48a, as added by L. 1903, ch. 223.] 520 Rewer oF Poor. Poor Law, § 20. CHAPTER XXXVIII. GENERAL POWERS AND DUTIES OF OVERSEER OF THE POOR IN RESPECT TO RELIEF OF POOR. Section 1, When poor persons to be relieved in county alms-house; duties of overseer of the poor in respect thereto. 2. Care of poor persons not to be put up at auction. 3. Expense of removal] and temporary relief prior to removal to be paid to overseer by county treasurer. 4. Persons removed to county alms-house, how supported and when discharged, 5. Temporary relief of poor persons who cannot be removed to alms-houses; order of supervisor. 6. Relief of poor persons in counties having no alms-house. 7. Overseer to examine monthly the needs of the poor supported in his town; settlement of accounts; form of accounts and verification. 8. Books to be kept by overseers of the poor; overseers to present books to the town board; duties of the town board; overseer to have books of accounts present at town meeting. 9. Statement of accounts and estimate of overseer of the poor to be made to town board; approval of estimate by town board; it approved to be presented to board of supervisors. 10. Accounts of town officers. 11. Supervisor to report to clerk of board of supervisors, abstract of accounts of overseers of the poor. 12. Persons bitten by mad dogs to be sent to Pasteur Institute. 13. Treatment of poor persons in hospitals. § 1. When poor persons to be relieved in county alms-house; duties of overseer of the poor in respect thereto. When any person shall apply for relief to an overseer of the poor, in a county having an alms-house, such overseer shall inquire into the state and circumstances of the applicant; and if it shall appear that he is a poor person, and requires permanent relief and support, and can be safely removed, the overseer shall, by written order, cause such poor person to be removed to the county alms-house, or to be relieved and provided for, as the necessities of the applicant may require.’ If the county be one where the 1. Who are poor persons. A poor person is one unable to maintain himself, and such person shall be maintained by the town, city, county or state according to the provisions of the Poor Law. Poor Law, sec. 2. Permanent relief of poor persons. The above section of the Poor Law was derived from R. S., pt. 1, ch. 20, tit. 1, sec. 39. Under the former Powers anp Duties oF OVERSEERS OF THE Poor. 521 Poor Law, § 20. respective towns are required to support their own poor, the over- seer shal] designate in such order of removal, whether such person be chargeable to the county or not; and if no such designation be made, such person shall be deemed to belong to the town whose law it was provided that a poor person who “is in such indigent cireum- stances as to require permanent relief and support, and can be easily re- moved, the overseer shall, by a written order, cause the poor person to be removed to the county poor house, or to the place provided as aforesaid to be relieved and provided for as the necessities of such applicant may require.” But the above section has modified the law, and a poor person may now be removed to the alms-house or be relieved and provided for elsewhere as his necessities may require. It is doubtful, however, if the change thus made in this section was for the purpose of permitting the permanent relief of poor persons in a county having a county alms-house at a place other than such alms-house. Section 23 of the Poor Law, post, p. 523, prescribes the method of granting temporary relief to popr persons at « place outside of an alms-house and permits of the granting of relief to a poor person who is sick, lame or otherwise disabled so that he cannot be removed to the county alms-house. The law would therefore seem to contemplate the granting of permanent. relief in :the county alms-hpuse in all cases except where tem- porary relief only is required, and where the poor person who seeks relief is sick, lame or disabled. Under the old law it was held that unless the poor person was an idiot or lunatic, the proper place for his maintenance was at the county alms- house. City of Rochester v. Supervisors of Monroe County, 22 Barb. 252; Nuns of the Order of St, Dominick v. Long Island City, 48 Hun, 306; Rob- bins v. Walcott, 66 Barb. 63. In counties where there is no county poor house, and the towns are severally liable for the support of their own poor, moneys raised for the support of the poor are placed in the hands of the overseers of the poor; and when an overseer pays out money for the support of a pauper, or con- tracts for his support, he is entitled to appropriate the money, in the first ease, and retain it in his own hands in the other. He has absolute control of the fund and is liable only for moneys not lawfully appropriated. Rob- bing v. Wolcott, 66 Barb. 63. In the absence of express statutory provisions, there is no obligation or duty imposed upon towns to contribute to the support of persons residing within their limits. People ew rel. Blenheim v. Supervisors, 121 N. Y. 345; 24 N. E. 830. Duties of overseer as to relief. The overseers are authorized by sec. 25 of the Poor Law, post, p. 525, to examine into the condition and necessities of poor persons supported outside of county alms-houses. Under the above section the overseer is directed to investigate the state and circumstances of a person requiring permanent relief. The circumstances which control the exercise of the power to grant relief to poor persons are so various in the eases of different persons, and are so incapable of being defined by strict rules, that much must be left to the judgment and discretion of the officers. It was held in the case of City of Albany v. McNamara, 117 N. Y. 168; 22 529 Reuier oF. Poor. Poor Law, §§ 139, 21. overseer made such order.” [Poor Law (L. 1896, ch. 225), § 20; Hyedecker’s Gen. L. (2d ed.), p. 2207.] § 2. Care of poor persons not to be put up at auction. No officer or persons whose duty it may be to provide for the maintenance, 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 (L. 1896, ch. 225), § 189; Heydecker’s Gen. L. (2d ed.), p. 2242.] § 3. Expense of removal and temporary relief prior to removal to be paid to overseer by county treasurer. Uniess such poor person is properly chargeable to the town, the overseer, in addition to the expense of such removal, shall be al- lowed such sum as may have been necessarily paid out, or con- tracted to be paid, for the relief or support of such poor person, previous to such removal and as the superintendent shall judge was reasonably expended while it was improper or inconvenient to remove such poor person, which sum shall be paid by the county treasurer, on the order of the superintendent.” [Poor Law (L. 1896, ch. 225), § 21; Heydecker’s Gen. L. (2d ed.), p. 2207.) N. E. 931, that the question as to the propriety of granting relief to a poor person is confided to the discretion of the poor authorities, and if they grant it, the presumption is that they have made such investigations as they deemed necessary and determined the question as to the right of the party to relief, and therefore their determination cannot be reviewed. In this case it was also held that where money had been supplied to a poor person by the officer without expectation of reimbursement, that such officer’s mis- judgment as to the necessities of the person relieved, raised no implied promise on the part of such poor person to repay the moneys expended in his behalf; and further, that the possession of some property by a person does not always and necessarily preclude him from a just claim for relief. The public benefit conferred by the poor laws is personal to the individual. It is contemplated that he shall apply for the relief afforded thereby. It is no part of the duty of the overseer to seek him out and press these benefits upon him. The poor person is not the chooser of the place and manner of his support, and must take what is to be had in the way the law confers it. Smith v. Williams, 13 Mise. 761; 35 N. Y. Supp. 236. 2. For form of order of overseers of a town to remove a poor person to the county poor house, see Form: No. 64, post. ‘3. For form of superintendent’s order to pay expenses incurred by over- seers for the removal of a poor person, see Form No. 65, post. ~ Powers aND Doutizs of OvERSEERS OF THE Poor. 5238 Poor Law, §§ 22, 23. § 4. Persons removed to county alms-house, how supported ‘and when discharged. The person so removed shall be received by the superintendents, or their agents, and be supported and relieved in a county alms- ‘house until it shall appear to them that such person is able to mainiain himself, or, if a minor, until he is bound out or other- wise cared for, as hereinafter provided, when they may, in their discretion, discharge him. [Poor Law (L. 1896, ch. 225), § 22; Heydecker’s Gen. DL. (2d ed.), p. '2208.] § 5. Temporary relief of poor persons who cannot be removed, to alms-houses; order of supervisor. If it shall appear that the person, so applying requires only temporary relief, or is sick, lame or otherwise disabled so that he cannot ke conveniently removed to the county alms-house, or that he is a person who should be relieved and cared for at his home under article five’ of this chapter [the Poor Law], the overseers shall apply to the supervisor of the town, who shall examine into the facts and circumstances, and shall, in writing, order’ such sum to be expended for the temporary relief of such poor person, as the circumstances of the case shall require, which order shall entitle the overseer to receive any sum he may have paid out or contracted to pay, within the amount therein specified, from the county treas- urer, to be by him charged to the county, if such person be a county charge, if not, to be charged to the town where such relief was afforded ; but no greater sum than ten dollars shall be expended or paid for the relief of any one poor person, or one family, without ‘the sanction, in writing,’ of one of the superintendents of the poor of the county, which shall be presented to the county treasurer, with the order of the supervisor, except when the board of swper- visors has made rules and regulations as prescribed in section thirteen of this chapter.’ [Poor Law (L. 1896, ch. 226), § 23; Heydecker’s Gen. L. (2d ed.), p. 2208. ] 4. Article 5 of the Poor Law relates to the relief of poor or. indigent soldiers, sailors and marines, and their families. 5. For form of supervisor’s order for the expenditure of money for the temporary relief of a poor person, see Form No. 66, post. 6. For form of the written sanction of a county superintendent of the poor for the expenditure of a greater sum than $10 in the Semone relief _of a poor person, see-Form No. 67, ‘post. 7. Power of overseer as to temporary relief. The Gestion of ths propriety of granting relief is primarily in the sound discretion of the ‘over- 524 Rewier or Poor. Poor Law, § 24.. § 6. Relief of poor persons in counties having no alms-house. If application for relief be made in any county where there is no county alms-house, the overseer of the poor of the town where such application is made shall inquire into the facts and circum- stances of the case, 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 moneys 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 relief, seer. If the overseer applies for an order for the granting of relief to a poor person, and the order is given by the supervisor, the presumption is that both the overseer and the supervisor examined into the necessities of the particular case, and that the condition of the poor person was such as to warrant the issuing of the order, and that the poor person was entitled to relief. See City of Albany v. McNamara, 117 N. Y. 168; 22 N. E. 931. A liability in excess of $10 cannot be incurred by the overseer without the sanction of one of the superintendents of the poor, but except in such a case, the overseer’s power of granting temporary relief is independent of the con- trol of the superintendents of the poor. Gere v. Supervisors, 7 How. Pr. 255. Where an overseer refuses or neglects to apply for an order for the relief of a poor person settled in his town, an action will not lie against such overseer in behalf of a person who has supported such poor person at his own expense, voluntarily, and without request from such overseer. Milklaer v. Rockfeller, 6 Cow. 276. Order for relief. Under the law as it existed prior to 1896 the order was to be issued by a justice of the peace; under the present law such order is issued by the supervisor. The requirement of an order is a statutory protection against extravagant or improper expenditure by overseers of the poor. Osterhoudt v. Rigney, 98 N. Y. 222, 237. If no fraud is shown and no injury results to a taxpayer, such taxpayer cannot maintain an action against an overseer of the poor for expending more than $10 for the relief of a poor person without the written consent of the supervisor. Cobb v. Remsdell, 14 N. Y. Supp. 93; 37 N. Y. St. Rep. 457. The inquiry as to the necessity of the order need not be made jointly by the overseer and supervisor. The order is the act of the supervisor and may be based upon his own examination. As has been already stated, it is presumed that the overseer has determined as to the necessity of the relief before making his application for an order. See Adams v. Supervisors of Columbia County, 8 Johns. 323. Powers anp Duties oF OVERSEERS OF THE Poor. 525 Poor Law, § 25, give notice thereof, and that such person has no legal settlement 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 county.’ [Poor Law (L. 1896, ch. 225), § 24; Heydecker’s Gen. L. (2d ed.), p. 2208. ] § 7. Overseer to examine monthly the needs of the poor sup- ported in his town; settlement of accounts; form of accounts and verification. 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 alms-house, and provide within the provisions of this chapter for such allow- ances, weekly or otherwise as the circumstances may in his judg- ment require.’ All accounts for care, support, supplies or attend- ance, connected with the maintenance of such poor person or family, shall be settled, once in three months, and paid if there be 8. Relief in counties having no alms-house. The law as it existed prior to 1896 was:construed in the case of Robbins v. Walcott, 66 Barb. 62, where the court used the following language: “In those counties in which 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. If such pauper has'a legal settlement in the town where the application is made, or in any other town of the same county, the overseer is required to apply the money to the relief of such pauper. The money paid by the overseer, or contracted to be p&id pursuant to such order, shall be drawn by him from the county treasury on producing the order. If such pauper has not a legal settlement in some town of the county in which the application is made, then notice is to be given to the superin- tendent of the poor, and the overseer may support the pauper after such notice and until the superintendent assumes his support, and the overseer is to be paid therefor from the county treasury.” 9. The poor persons to whom allowances may be made as provided in this section, are those who, under sec. 20 of the Poor Law, ante, p. 520, are relieved and provided for at a place other than an alms-house; those under sec. 23 of the Poor Law, ante, p. 523, requiring temporary relief; those under sec. 24 of the Poor Law, ante, p. 524, supported by towns in counties having no alms-house; and poor and indigent soldiers; sailors and maries, supported. as provided in sees. 80-82 of the Poor Law, post, p. 569. 526° Reuier oF Poor. Poor Law, § 26.. funds for that purpose. No bill, claim or account for care, sup- port, supplies or attendance, furnished to poor: persons, by order of the overseer of the poor, or otherwise, shall be audited or allowed by the overseer, unless such bill, claim, or account be verified by the claimant, to the effect that such care, support, supplies or at- tendance 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 (L. 1896, ch. 225), § 25; Heydecker’s Gen. L. (2d ed.), p. 2209.) § 8. Books to be kept by overseers of the poor; overseers to present books to the town board; duties of the town board; over- seer to have books of accounts present at town meeting. Overseers 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 10. For form of order for supplies furnished to poor persons, and for verification of accounts for audit, see Form No. 68, post. Powers of overseers to contract. Overseers of the poor may contract for the support of poor persons within the scope of their authority; and con- tracts so made are valid and obligatory upon them in their official capacity and upon their successors; but if they transcend their authority, though they may be individually responsible, their successors are not. Palmer v. Vanden- bergh, 3 Wend. 193. If an overseer makes a contract for the relief of a poor person, without the order or approval of the supervisor or other authority granted by statute, he may be held personally liable on such contract. King v. Butler, 15 Johns. 281. But the case of Olney v. Wicks, 18 Johns. 122, seems to hold a contrary doctrine. In that case it was held that, while the. overseer contracts in his official capacity, and expressly intends in such capacity to bind the town, he is not personally responsible, and an action. will not lie against him personally. And in the case of Holmes v. Brown, 13 Barb. 599, it was held that “the cases where an action has been held to lie against an overseer of the poor for the support of paupers, are placed upon the ground that the credit was given to the person individually, in his private. capacity, and not as the officer or agent of the town.” In the case of Overseers of the Poor of Norwich v. Overseers of Pharsalia, 15 N. Y. 341, the town of Pharsalia was liable for the support of certain Powers anp Durizs or. OvERSEERS OF THE Poor. 527, Poor Law, § 26.. 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 address of the family with whom every such child is placed, and the occupation of the head of the family. They shall also enter upon 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 satement 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 same have been paid, the time and manner of such pay- ment. The overseer shall lay such books before the board of town auditors or the common council of the city, at its first annual meet- ing in each year and, upon being given ten days’ notice thereof, at any adjourned or suecil meeting of such board or council, to- gether 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 meeting of said board, and a verified state- meni of debts contracted by them as such overseers and remaining paupers who were for the time being in the town of Norwich. The overseer of Pharsalia promised the overseers of Norwich, that if they would provide for such paupers, he would pay the expenses incurred. It was held that it was not within the official power of the overseer of Pharsalia to make such a contract, and that the plaintiffs were confined to the remedy given by statute, viz., the audit of the account by the superintendents of the poor and the levying of the amount by the board of supervisors of the town of Pharsalia for the benefit of Norwich. This case did not involve the ‘question of the personal liability of the overseers, but it was intimated that if the contract was not within the scope of the official power of the overseer, no action would lie thereon against the town. Under section 182 of the Town Law, post, p. 819, contracts of overseers are deemed the contracts of the town. This section has shifted the direct lia- bility of town officers for contracts made by them to the town, and makes the town the proper party defendant or plaintiff in actions or special pro- ceedings upon contracts in which the town is interested, and it has been held under that section that the contracts of overseers of the poor in the discharge of ‘their official duties are the contracts of the town which alone may be sued upon them. Miller v. Bush, 87 Hun, 507; 34 N. Y. Supp. 286. 11. For form of overseer’s book showing statistics relating to poor persons’ relief, and of book of accounts to be kept by overseers of the peaks see Forms Nos. 69, 70, post. : 528 Rewier oF Poor. Poor Law, § 27. unpaid.” The board or council 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 account. 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 annual town meeting, the town clerk shall produce such town account for the next preceding year, and read the same, if it be required 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 pub- licly at the time reports of other town officers are presented, if re- quird by a resolution of such meeting. No credit shall be allowed to any overseers for moneys paid, unless it shall appear that such payments were made necessarily ur pursuant to a legal order. [Poor Law (L. 1869, ch. 225), § 26, as amended by L. 1897, ch. 222; Heydecker’s Gen. L. (2d ed.), p. 2209.] § g. Statement of accounts and estimate of overseer of the poor to be made to town board; approval of estimate by town board; if approved to be presented to board of supervisors. 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 de- ficiency that may then exist in the town poor fund, with their 12. For form of accounts of overseers of the poor to be rendered to town boards, see Form No. 71, post. For penalty for failure of overseers of the poor to render accounts as provided by law, see Poor Law, sec. 14, ante, p. 488. The omission of an overseer to lay his books of account before the town board, and the audit of his accounts by the board without a comparison of the items in the account with the items in the book is a mere irregularity, and does not deprive the board of the power to audit the claim. Osterhoudt v. Rigney, 98 N. Y. 222, 237, 13. The second annual meeting of the town board of a town is held on the Thursday preceding the annual meeting of the board of super- visors. Town Law, sec. 162. The accounts of overseers of the poor are to be presented to the town board at its first meeting held on the Tuesday preceding the biennial meeting and on a corresponding date in each alternate year (Town Law, sec. 161, post, p. 803), at the same time as the accounts of other town officers. The object of the report provided for by this section is to enable the town board to make an estimate of the amount that will be required during the ensuing year for the support of the poor. Powers anp Durins oF OVERSEERS OF THE Poor. 529 Poor Law, § 27. estimate of the sum which they shall deem necessary for the tempo- rary and out door relief and support of the poor in their town for the ensuing year, and in counties where there is no county alms- house, 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 esti- mate so made or any part thereof, they shall so certify in duplicate, one of which certificates 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 direct accordingly. The moneys so raised shall be received by such overseers, and applied toward the payment of such de- ficiency, and for the maintenance and support of the poor, for whose relief such estimates were made.“ The town board shall also, cn or before the first day of December, annually certify to the county supexjntendents, the name, age, sex, and native country, 14. Where estimates are not made. Under ch. 334, L. 1845, from which in part the above section was derived, it appeared that an overseer of the poor instead of pursuing the system provided by the above section, procured supplies upon his own credit and presented his accounts annually to the board of audit for allowance, the amount audited being put in the schedule of accounts and levied by the board of supervisors with other town charges. It was held that the failure to follow the requirements of the statute did not deprive the overseer of his power to provide for the relief of the poor, and that the advances made by him were properly audited and charged against the town; that while the overseer was not bound to furnish supplies upon his own credit, and the act contemplates thaj he shall be put in funds in advance, under the provisions of the section, authorizing the town board to include in its estimate such sum as shall be necessary “to supply any deficiency in a preceding year,” it had power to audit all sums expended where no provision had been made therefor the preceding year. Osterhoudt v. Rigney, 98 N. Y. 222. Special town meetings may be called for the purpose of raising money for the support of the poor. Town Law, sec. 23, ante, p. 200. For form of report of overseer of the poor and of estimate of amounts required to be raised, for the support of the poor during the ensuing year, see Form No. 72, post. : 34 530 Rewier oF Poor. Poor Law, §§ 28, 137. of every poor person relieved and supported by such overseers dur- ing the preceding 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 al- lowed to each overseer for services rendered in relation to tempo- rary or town relief. The town board shall include in such annual statement to the county superintendents, and the county superin- tendents shall include in their own report to the. state board of charities, 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 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 (L. 1896, ch. 225), § 27; Heydecker’s Gen. L. (2d ed.), p. 2211.] § 10. 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 charged to such town. But no al- lowance for time or services shall be made to any officer for attend- - ing any board solely for the purpose of having his account audited or paid.” [Poor Law (L. 1896, ch. 225), § 28; Weydecker’s Gen. DL. (2d ed.), p. 2212.] § 11. Supervisor to report to clerk of board of supervisors, abstract of accounts of overseers of the poor. The supervisor of every town in counties where all the poor are not a county charge, shall report to the clerk of the board of super- visors, 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 allow- ance made to overseers, justices, constables or other officers, which shall not comprise any part of the actual expenses of maintaining 15. Accounts of town officers for services rendered in relation to the town poor are to be audited at the second meeting of the town board, held on the Thursday preceding the annual meeting of the board of supervisors. The form of accounts and the verification thereof by affidavit are to be made in accordance with the provisions of secs. 167, 168 of the Town Law. See post, p. 811. Powers anp Durizs oF OVERSEERS OF THE Poor. 531 L. 1895, ch. 170, §§ 1, 2, 8; Poor Law, § 30. the poor.” [Poor Law (L. 1896, ch. 225), § 187; Heydecker’s Gen. L. (2d ed.), p. 2241.] § 12. Persons bitten by mad dogs to be sent to Pasteur In- stitute. Overseers of the poor or other officers having charge of the dis- pensation of public charity in the several counties of this state may hereafter send to the Pasteur institute in the city of New York all persons duly certified by regular physicians to have been bitten by rabid animals, or otherwise put in danger of infection with rabies. [Z. 1895, ch. 770, § 1, as amended by L. 1901, ch. 482.] The transportation of such persons, with necessary attendant or attendants, to and from the city of New York, shall be a charge upon the counties in which they reside. The sustenance, nursing and preventive treatment of such persons, for the time adjudged necessary, shall be provided by the Pasteur institute of the city of New York. ([Idem, § 2.] The charges for the services of the Pasteur institute of the city of New York shall be paid as is provided for the several poor persons by section forty-two of chapter two hundred and twenty- five of the laws of eighteen hundred and ninety-six, at a rate not exceeding one hundred dollars a patient. [Idem, § 3, as amended by L. 1901, ch. 482.] § 13. Treatment of poor persons in hospitals. 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 superintendents of the poor, upon the certificate of a physi- cian approved by the board of supervisors, or of the overseers of the poor in the several towns of such counties, upon the certifi- cate of a physician approved by the supervisor of the town, as their jurisdiction over the several cases may require, to send all such indigent persons requiring medical or surgical care and treat- ment to the nearest hospital, the incorporation and management of which have been approved by the state board of charities, provided transportation to such hospital can be safely accomplished. The 16. For form of report of supervisor to the clerk of the board of super- visors of abstracts of overseer’s accounts, see Form No. 73, post. 532 Rewier or Poor. Poor Law, § 30. 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 counties or towns from which such persons are sent, and provision for which shall he made in the annual budgets of such counties and towns. [Poor Law, § 30, as added by L. 1901, ch. 103; Heydecker’s Gen. L. (2d ed.), p. 2212.) * SETTLEMENT aND Puace oF RELIEF. 533 Poor Law, § 40. CHAPTER XXXIX. SETTLEMENT AND PLACE OF RELIEF OF POOR PERSONS. Section 1, 2. 3. 10. 11. 12. 13. 14. 15. 16. Settlements of poor persons, how gained; separate settlement of minor. Settlement of married women; when determined by that of parents. Poor person not to be removed, but supported in the town where he may be. . Proceedings to determine settlement; notice to appear before county superintendents. . Hearing before superintendents; decision. Effect of failure of overseer to provide for poor person, when notified by overseer of other town; board of supervisors to charge support of poor person to proper town. . Superintendent to determine who are county poor; proceedings for such determination. . Support of county poor in counties having no alms-house; pro- ceedings to determine who are county poor. . All decisions of superintendents of the poor to be entered in books; copy to be filed with county clerk. Appeals to county court from decisions of county superin- tendents of the poor; decision on appeal. Unlawfully removing or enticing a poor person from one town to another a misdemeanor. Proceedings where « person has been enticed or has come from one town or county to another. Upon receipt of: notice superintendent or overseer to take poor person or serve denial] of removal. In case of neglect to deny removal, support of poor person to be a charge upon the town and county from which removed; actions to recover. Actions to recover, to be brought within three months from service of denial. Penalty for bringing foreign poor into state; action to recover penalty; person found guilty, to transport poor person out of state. § 1. Settlements of poor persons, how gained; separate settle- ment of minor. 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 like settlement in some other town or city in this state, or shall remove from this state and remain therefrom one 5384 Rewier oF Poor. Poor Law, § 40. 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. Ifa 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. 1. Settlement in general. It is the purpose of the law that the settle- ment of a poor person is gained by his residence in a town or city for a period of one year. Such settlement continues until he has gained a like settlement in some other town or city. L. 1897, ch. 203, added a new sec. 57 to art. 3 of the Poor Law, which provided that a person who has gained a setlement in a town or city loses the same by continuous residence else- where for one year. This provision radically changed the existing law by relieving a town or city from the obligation of supporting « poor person after he has finally left its boundaries and has resided continuously for one year in other municipalities. People ex rel. May v. Maynard, 160 N. Y. 453; 55 N. E. 9; Matter of Connellan, 25 Misc. 592; 56 N. Y. Supp. 157. But the act of 1897, ch. 203, was repealed by L. 1900, ch. 345, the effect of which was to restore the law as it existed prior to the enactment of the act of 1897. The words “resident and inhabitant,” as used in this section, mean the locality of existence as permanently and firmly fixed, as is legally con- veyed by the word “domicile.” Matter of Town of Hector, 24 N. Y. Supp. 475. In the case of Oity of Syracuse v. County of Onondaga, 25 Misc. 370; 55 N. Y. Supp. 634, it was held that a person who comes to a city in January, and then rents a house to which, in March following, he takes his wife, his family and household goods and resides there with them until February in the year following, when he leaves the city and disappears, has gained a settlement in the city within the meaning of the above section. Italian laborers temporarily employed in constructing a railroad, do not by their presence in a town gain a settlement therein. Matter of Town of Hector, 24 N. Y. Supp. 475. Settlement remains until another is gained. A person cannot gain a settlement in any town until he shall have resided there for at least one year; when a settlement is thus legally gained in a town it must necessarily remain there until one is subsequently established in some other town or county. Sitterly v. Murray, 63 How. Pr. 367. In the case of Matter of Town of Hector, 24 N. Y. Supp. 475, it was said: “It has long been settled law that every person has a domicile somewhere. If he has not acquired one elsewhere he retains his domicile of origin, and to effect a change of domicile the fact and intent must concur; that is, there must be not only a change of residence, but an intention to abandon the former domicile, and acquire another as the sole domicile.” _ The continuous absence of a poor person from a city, without proof of his actual residence or intention, is not such a continuous residence elsewhere for one year as deprives’ him of his settlement in the city, and such city SETTLEMENT AND Prace oF RELIEF, 535 Poor Law, § 41. 3. By being bound as an apprentice and serving one year by virtue of such indentures.” 4, By being hired and actually serving one year for wages, to be paid such minor. [Poor Law (L. 1896, ch. 225), § 40; Hey- decker's Gen. L. (2d ed.), p. 2213.] § 2. Settlement of married women; when determined by that of parents. A wceman of full age, by marrying, shall acquire the settlement of her husband. Until a poor person shall have gained a settle ment 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 alms-house 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 alms-house, while 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 settle is, therefore, liable to support the wife of such poor person. City of Syra- cuse v. County of Onondaga, 25 Misc. 371; 55 N. Y. Supp. 634. Settlement of children. A place of birth of an infant pauper is prima facie his place of settlement, but it may be removed to the last legal settlement of the parents when discovered. Overseers of Vernon v. Overseers of Smithville, 17 Johns. 89; and see, also, Delavergne v. Noxon, 14 Johns. 333; Overseers of Berne v. Overseers of Knox, 6 Cow. 433. The settlement of a child follows that of the father, if he have any; if not, the settlement of the mother. Overseers of Miskayuna v. Overseers of Albany, 2 Cow. 537. No act of the father of a minor son can divest the son of his derivative settlement. Adams v. Foster, 20 Johns. 452. Until a poor person acquires a settlement in his own right, his settlement is that of his father or mother; and when his mother becomes a resident of a city and he follows her to that place, a residence and settlement are initiated. Stillwell v. Kennedy, 51 Hun, 114; 5 N. Y. Supp. 407. Although the child does not reside with his father and is not under his immediate charge or control, such child nevertheless has a derivative settlement in the same town as his father. Adams v. Oaks, 20 Johns. 282. 2. Settlement of apprentices. If with the privity and consent of his master, an apprentice serves another person two years, he thereby gains a settlement. Overseers of Guilderland v. Overseers of Knox, 5 Cow. 363. The fact that the indenture by which an apprentice was bound out is void is not material; if an apprentice has served one year by virtue of such indenture, he has gained a separate settlement. Overseers of Hudson v. Overseers of Taghkanac, 13 Johns, 245; Overseers of Owasco v. Overseers of Oswegatchie, 5 Cow. 527; Overseers of Hamilton v. Overseers of Eaton, 6 Cow, 658. 536 ReieFr oF Poor. Poor Law, § 42. ment in the town where such actual residence may be.’ [Poor Lau: (L. 1896, ch. 225), § 41; Heydecker’s Gen. L. (2d ed.), p. 2913.1 § 3. Poor person not to be removed, but supported in the town where he may be. 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 sup- ported 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 ke 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. Construction of section. The disjunctive “or” is to be under- stood after the word “alms-house ” in the last sentence of the above section. Thus read, the revision of the Poor Law in 1896 did not so change the con- ditions of settlement that « poor person residing in a town or city for more that one year, while relieved at the expense of the county, ceases to be a county charge, and becomes thereafter chargeable to the town or city. People ex rel. French v. Lyke, 159 N. Y. 149; 53 N. E. 802. Since the enactment of the above section, a person supported by the county, if not an inmate of an alms-house, may gain a settlement in 4 town by a residence therein for one year. Matter of Connellan, 25 Misc. 592; 56 N. Y. Supp. 157. 4. The place of support of « poor person is in the town or county where he may be. Overseers of Norwich v. Overseers of Pharsalia, 15 N. Y. 341; Matter of McCutcheon, 25 Misc. 592; 56 N. Y. Supp. 370. 5. Effect of settlement. If a poor person has gained a settlement in a town or city, he is to be maintained at the expense of such town or city, except in a county where the distinction between the town and county poor has been abolished. If he has not gained a settlement in the ‘town where he may be, he is to be supported and relieved by the county superintendents of the poor at the expense of the county. See, also, Matter of Town of Hector, 24 N. Y. Supp. 475; Matter of Connellan, 25 Misc. 592. Where a person who had gained a settlement in a county where the dis- tinction between town and county poor exists, moved from that town to a city in the same county and he there became poor, and was relieved by the overseer of the poor of the city, where he continued to reside, the bill for his maintenance being paid by the town from which he came, until a year from the taking effect of the act of 1897, which has since been repealed, he then became a county charge by force of subdivision 2 of the above section. People ex rel. May v. Maynard, 160 N. Y. 453; 55 N. E. 9. SETTLEMENT AND Pxuacre or RE tier. 5387 Poor Law, § 43. 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. 4. 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 applica- tion 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 (L. 1896, ch. 225), § 42; Heydecker’s Gen. L. (2d ed.), p. 2214.] § 4. Proceedings to determine settlement; notice to appear before county superintendents. 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 hereinafter 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 service of such notice of hearing, to contest the alleged settle- ment. If the county superintendents fail to appear at the time and place so appointed, they shall, at the request of the overseers of either 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 notice to -eontest the settlement have been served, until there has been a hear- ing before the superintendent thereof, and an order by them made and filed in the office of the county clerk, fixing the settlement of 6. For form of notice to be given by the overseers of one town to those of another, requiring the overseers of the town in which the poor person has a residence to provide for his support, see Form No. 74, post. 538 Rewier or Poor. Poor Law, §§ 44, 45. such poor person.” [Poor Law (L. 1896, ch. 225), § 43; Hey- decker’s Gen. L. (2d ed.), p. 2214.] § 5. Hearing before superintendents; decision. The county superintendents shall convene whenever required by any overseer pursuant to such notice, and shall hear and determine the controversy, and may award costs, not exceeding fifteen dollars, to the prevailing 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 provided by this chapter.” [Poor Law (L. 1896, ch. 225), § 44; Heydecker’s Gen. L. (2d ed.), p. 2215.] § 6. Effect of failure of overseer to provide for poor person, when notified by overseer of other town; board of supervisors to charge support of poor person to proper town. The overseers of the poor of the town in which it may be alleged any poor person has gained a settlement, may, at any time after receiving 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 7%. Object of proceedings. In speaking of the sections of the old re- vised statutes from which this and the succeeding section were derived, Judge Westbrook said in the case of Sitterly v. Murray, 63 How. Pr. 370: “The object and scheme of the statute seem to be to provide for the settlement of all persons under the poor laws, no matter what their previous financial condition may have been, and whether they were ever paupers before or not, and to fix the liability of the proper town for their support and maintenance, whenever by misfortune or otherwise, they should become a charge upon the public. This is the reasonable and natural conclusion to be drawn from the various provisions of the statute and from the language of these particu- lar sections.” For form of notice of overseers of the poor to appear before the county superintendent of the poor and contest the alleged settlement of a poor person, see Form No. 75, post. The provisions of this section in regard to the time within which such notice must be served are mandatory, and a failure to comply with the statute will result in the defeat of the town so failing. Matter of Merville, 23 Mise. 398; 52 N. Y. Supp. 254. 8. For form of subpoena in case of dispute concerning settlement of poor persons, see Form No. 76, post. 9. For form of decision of superintendents concerning the settlement of poor persons, see Form No. 77, post. SETTLEMENT AND Pracre oF RELIEF. 539 Poor Law, § 46. 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 super- visors at their annual meetings from year to year, as long as such expenses shall be incurred, and the supervisors shall annually 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 expense, the interest thercon, from the time of expenditure to the time of repayment, which sum shall be assessed, levied and collected in the same man- ner as other charges of such town. Such moneys when collected shall te paid to the county treasurer and be by him credited to the account of the town which incurred the expenses. [Poor Law (L. 1896, ch. 225), § 45; Heydecker’s Gen. L. (2d ed.), p. 2215.] § 7. Superintendent to determine who are county poor; pro- ceedings for such determination. The 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 alms-house as a county poor person, the superintendents, in counties where there are town poor, shall immediately 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 thereafter, 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 question ; which decision shall be conclusive, unless an appeal therefrom shall be taken in the manner provided in this chapter.” [Poor Law (L. 1896, ch. 225), § 46; Heydecker’s Gen. L. (2d ed.), p. 2215.] 10. For form of superintendent’s notice that poor persons will be supported at the expense of a town in a county where the town support their own poor, see Form No. 78, post. 11, For form of decision of superintendents after re-examining settle- ment of poor person on application of overseers, see Form No. 79, post. 540 Rewier or Poor. Poor Law, §§ 47, 48, 49. § 8. Support of county poor in counties having no alms- house; proceedings to determine who are county poor. In counties having no alms-house, no person shall be supported as a county poor person, without the direction of at least one super- intendent. In such 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 inquire into the cir- cumstances, 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 chargeable to the county. He shall report every such case 1o the board of superintendents at their next meeting, who shall affirm such certficate, 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 in the premises, if the superintendent to whom the overseers have given such notice shall neglect or refuse to give such certificate, the overseers may apply to the board of superintendents, who shall summarily hear and determine the matter, and whose decision shall be conclusive, unless an appeal therefrom 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 (ZL. 1896, ch. 225), § 47; Heydecker’s Gen. L. (2d ed.), p. 2216.] § g. All decisions of superintendents of the poor to be entered in books; copy to be filed with county clerk. The decisions of county superintendents in relation to the settle- ment of poor persons, or to their being a charge upon the county, shall be entered in books to be provided for that purpose, and certi- fied by the signature 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. [Poor Law (L. 1896, ch. 225), § 48; Heydecker’s Gen. L. (2d ed.), p. 2216.] § 10. Appeals to County Court from decisions of county superintendents of the poor; decision on appeal. Any or either of the parties interested in a decision of the super- intendent of the poor, or in any dispute that shall arise concerning SETTLEMENT AND Prace oF RELIEF. 541 Poor Law, § 50. 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 after 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 which shall specify the grounds of the appeal.” The hearing of such appeal may be brought on by either party in or out of 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 (L. 1896, ch. 225), § 49; Heydecker’s Gen. L. (2d ed.), p. 2216. ] § 11. Unlawfully removing or enticing a poor person from one town to another a misdemeanor. Any person who shall send, remove or entice to remove, or bring, or cause to be sent, removed or brought, any poor or indigent per- son, 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 so 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 (L. 1896, ch. 225), § 50; Heydecker’s Gen. L. (2d ed.), p. 2217.] 12. For form of notice of decision of superintendents as to settlement of poor persons, and of appeal to county court from decision of superin- tendents, see Forms Nos. 80, 81, post. 13. Unlawful removal of poor person. The criminal liability is also provided for by the following section of the Penal Code: “ § 675a. Any person who shall send, remove, 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 so sent, removed or brought or enticed to remove, shall be guilty of a misdemeanor, and on conviction, shall be imprisoned not exceeding six months, or fined not exceeding one hundred dollars or both.” (Added by L. 1896, ch. 550.) 542 Re ieFr oF Poor. Poor Law, § 51. § 12. Proceedings where a person has been enticed or has come from one town or county to another. 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 other city, town or county, not legally chargeable with his sup- port, shall be maintained by the county superintendents of the county where he may be.“ They may give notice to either of the overswers 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- When action will lie. The action will not lie against a person re- moving a poor, person from one county to another, unless it appear that such removal was with the intent of subjecting such county to the charge of supporting such poor person. Coe v. Smith, 24 Wend. 341. It cannot be doubted -but. that the intent with which the removal was effected is the gravamen of the criminal offense. Foster v. Cronkhite, 35 N. Y. 139. The penalty is incurred when any person removes, or entices the pauper to re- move, without legal authority, with intent to make the county to which the removal shall be made, chargeable with the pauper’s support. Cortland Co. v. Herkimer Co., 44 N. Y. 22. In the latter case it was held that the superintendent might testify directly as to the intent with which he did an act when the intent is a fact material to the issue. 14. Effect of revision. The above section of the Poor Law was derived from R. 8., pt. 1, ch. 20, tit. 1, sec. 59, as amended by L. 1885, ch. 546; L. 1888, ch. 486. The commissioners in the revision disregarded the amend- ment of 1888 and retained the law as amended by the act of 1885. As the law now stands proceedings to compel the support of a poor person who has, of his own accord, moved to a county not legally chargeable with his support, may be instituted against the county properly chargeable with his support. This change vitiates the doctrine laid down in the case of Coe v. Smith, 24 Wend. 341, and followed in Foster v. Cronkhite, 35 N. Y. 141, and Cort- land Co. v. Herkimer Co., 44 id. 22, that: “An action will not lie by the superintendents of the poor of one county against the super- intendents of another county for the maintenance of « pauper removed from the county of the latter without legal authority, into the county of the former, when the removal is made at the request of the pauper, so that he may be under the care of his family and friends, and without any intent on the part of the person removing him to make the county into which he is removed chargeible with his support.” But the provisions of L. 1885, ch. 546, from which this section is taken, did not authorize an action by the superintendent of the poor for the support of a pauper against a county SETTLEMENT AND Puiace. or RELIEF. 543, Poor. Law, § 52. 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 (L. 1896, ch. 225), § 51; Heydecker’s Gen. DL. (2d ed.), p. 2217.) § 13. Upon receipt of notice superintendent or overseer to take poor person or serve denial of removal. The county superintendents, or overseers, or other persons to whom such notice may be directed may, after the service of such notice, take and remove such poor person to their county, town or from which he voluntarily removed at a time when he was not a pauper. Bellows v Counter, 6 N. Y. Supp. 73. The term “poor person” as used in this section does not mean an able- bodied man who has always maintained himself and family by his own exertions, and who has come into another county and there, without fault upon his part, by means of an accident become unable to support him- self. Such a man is many degrees removed from the condition of a pauper. It is only where a poor person, who at the time of his coming into another county was a poor person that the liability of the town or county from whence he came exists. Wood v. Simmons, 51 Hun, 325; 4 N. Y. Supp. 368. It may be questioned as to whether this case would now apply under the definition of 4 poor person given in section 2 of the Poor Law. Poor person to be supported. A superintendent of the poor who finds a pauper in his county has no right to remove him to another county where he believes he belongs; he must provide for his support and then pursue his remedy against the other county. Smith v. Brundaga, 17 Wk. Dig. 266. If a poor person, not having a settlement in this state, is illegally moved by the overseers of one town into another town, and is there supported, the overseers of the town into which he was moved may maintain an action against the overseers of the town procuring his illegal removal, for the amount expended in the support of such poor person, upon the principle that the burden of supporting such poor person was unjustly thrown upon such town, and such town should be exonerated by the town benefiting from euch illegal removal. Pittstown v. Plattsburgh, 15 Johns. 436. 15. Sufficiency of notice. Notice by a superintendent of the poor to an overseer of another county that a person, who has gained a settlement in the latter county, is supported as a pauper in the county of the super- intendent giving such notice, but which does not aver that the person was a pauper while in the county from which he moved or that his change of habitation was improper, is insufficient to sustain an action for the amount of his support. McKay v. Welsh, 6 N. Y. Supp. 358. For form of notice of improper removal of a poor person from a town, city or county, see Form No. 82, post. 544 Re.ier oF Poor. Poor Law, § 53. 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 (L. 1896, ch. 225), § 52; Heydecker’s Gen. L. (2d ed.), p. 2218. ] § 14. In case of neglect to deny removal, support of poor per- son to be a charge upon the town and county from which re- moved; actions to recover. If there shall be a neglect to take and remove such poor person, and to serve notice of such denial within the time above prescribed, the county superintendents and overseers, respectivly, 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 con- tained in such first notice, and shall be forever precluded from contestiug the same, and their counties, cities and towns, respec- tively, shall be liable for the expenses of the support of such poor person, which may be recovered from time to time, by county superintendents incurring such expenses, in the name of their county in actions against the county, city or town so liable. [Poor Law (L. 1896, ch. 225), § 53; Heydecker’s Gen. L. (2d ed.), p. 2218.] 16. Expense of support. When a poor person removes or is removed from a town in one county to a town in another county, not chargeable with his support, and is there necessarily relieved by the overseer of the poor of that town, the expense incurred and the burden of thereafter maintaining such poor 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 law. Stillwell v. Coons, 122 N. Y. 242; 25 N. E. 316. 17. Denial of removal. For form of notice of denial of removal of poor persons, see Form No. 83, post. The denial of liability need not follow the language of the section, but it is sufficient if it contains an unequivocal denial of the liability asserted in the notice of improper removal. Stillwell v. Coons, 122 N. Y. 242; 25 N. E. 316. If such denial be served by mail, and is received and retained by the party upon whom it is served without objection, the service is sufficient. Stillwell v. Kennedy, 51 Hun, 114; 5 N. Y. Supp. 407. SETTLEMENT AND Priacr or Re ier. 545 Poor Law, §§ 54, 55. § 15. Actions to recover, to be brought within three months from service of denial. Upon service of any such notice of denial, the county superin- tendents 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 liable 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 (L. 1896, ch. 225), § 54; Deydecker's Gen. L. (2d ed.), p. 2218. ] § 16. Penalty for bringing foreign poor into state; action to recover penalty; person found guilty, to transport poor person out of state. Any person who shall knowingly bring or remove, or cause to be 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 ifty 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 person out of the state, or indemnify the town, city or county for all charges and expenses which may be figured | 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 (L. 1896, ch, 225), § 55; Heydecker’s Gen. L. (2d ed.), p. 2218.] 35 546 Rewer oF Poor. Poor Law, § 60. CHAPTER XL. SUPPORT OF BASTARDS, Section 1. Penalty for removal of mother of bastard; support of mother. . Definition of bastard. . Who liable for support of bastard. . Mother and child poor persons; proceedings in case of removal of mother from one town or county to another. . Mother and bastard to be supported as other poor persons. . Mother and child not to be removed without her consent. . Overseers to notify superintendents of cases of bastardy, when , county is chargeable. . Superintendents to provide for mother and child. 9. Until taken charge of by superintendents, to be supported by overseers. , 10. Overseers of town to support bastard and mother, whether chargeable or not. 11. Moneys received by overseers from parents of bastards, how applied and accounted for. 12. When moneys received on account of bastard chargeable to county; how to be disposed of. 13: Disputes concerning settlement of bastard, how determined. 14. Proceedings when bastard is chargeable to another town. 15, Mode of ascertaining sum to be allowed for support of bastard. 16. When mother and child to be removed to county alms-house. 17. Superintendents and overseers may compromise with father of bastard; when mother may receive money. WAN mo PD ow § 1. Penalty for removal of mother of bastard; support of mother. If the mother of any bastard, or of any child likely te 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 re- move, as are provided in the case of the fraudulent removal of a poor person. Such mother, if unable to support herself, shall be 1. Penalties for removal of poor person from one town or city to another. See Poor Law, sec. 50, ante, p. 541. The unlawful removal of a poor person from one town or city to another is a misdemeanor. Penal Code, sec. 675a; see ante, p. 541. Support or Basranps. 547 Code Criminal Procedure, §§ 838, 839;. Poor Law, § 61. supported during 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 Lau (L.. 1896, ch, 225), § 60; Heydecker’s Gen. L. (2d ed.), p. 2220.] § 2. Definition: of bastard. A bastard is a child who is begotten and born, 1. Out of lawful matrimony ; 2. While the husband of its mother was separate from her, for a whole year previous to its birth; or, 3. During the separation of its mother from her husband, pur- suant to a judgment of a competent court. [Code of Criminal Procedure, § 838.] '§ 3. Who liable for support of bastard. The father and mother of a bastard are liable for its support. In case of their neglect or inability, it must be supported by the county, city or town in which it is born, as provided by special statutes. [Code of Criminal Procedure, § 839.] § 4. Mother and child poor persons; proceedings in case of removal of mother from one town or county to another. 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 clandestinely removed; and an action may be maintained in 2. The mother and child, in all cases relating to bastardy, are deemed poor persons from the fact that they are likely to become chargeable to the eounty as poor persons. Weary v. Robinson, 27 Hun, 145. : 3. Proceedings to compel support of bastard by father. Title 5 of the Code of Criminal Procedure (secs. 838-886), prescribe a method of compelling a putative father of a bastard to support the mother during her confinement and the bastard after birth. It is made the duty of the superin- tendent of the poor or the overseer in case a woman is delivered of a bastard or is pregnant with a child likely to become a bastard, and which is charge- able to the county or town, to apply to a justice of the peace to inquire into the facts. Code Crim. Proc., sec. 840. For rocedure in such cases. and decisions relative thereto, see Cumming & Gilbert’s Poor, Insanity and State Charities Laws, pp. 61-88, 548 REEF oF Poor. Poor Law, §§ 62, 63. 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 (L. 1896, ch. 225), § 61; Heydecker’s Gen. L. (2d ed.), p. 9221.] § 5. Mother and bastard to be supported as other poor persons. 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 city 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 ( L. 1896, ch. 225), § 62; Heydecker’s Gen, L. (2d ed.), p. 2221.] § 6. 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 voluntar- ily 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 (L. 1896, ch. 225), § 63; Hey- decker’s Gen. L. (2d ed.), p. 2221.) 4. Proceedings to compel support of mother or child by proper county or town, see Poor Law, secs. 51-54, ante, p. 542. The settlement of a bastard child is the last legal settlement of the mother, however such settlement may have been acquired. There is in this respect no distinction between an acquired settlement, and one that is merely derivative. Overseers of Canajoharie v. Overseers of Johnstcwn, 17 Johns. 41. If the mother has no setlement within the state, her bastard child must be adjudged settled where it was born. Wynkoop v. Overseers of New York, 3 Johns. 15. A bastard child is settled in the town where it was born, until it acquires a settlement for itself, and the justices of the peace of such a town may make an order of filiation and maintenance, though the legal settlement of the mother be elsewhere. Delavergue v. Noron, 14 Johns, 333. Surrort or Bastarps. 549 Poor Law, §§ 64, 65, 66, 67. § 7. Overseers to notify superintendents of cases of bastardy, when county is 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 (L. 1896, ch. 225), § 64; Heydecker’s Gen. L. (2d ed.), p. 2221.) § 8. 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 Liaw (L. 1896, ch. 225), § 65; Heydeck- er's Gen. L, (2d ed.), p. 2222] § 9. Until taken charge of by superintendents, to be supported 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 shall be had as for the support of a poor person chargeable to the county, who cannot be conveniently removed to the county alms-house. [Poor Law (L. 1896, ch. 225), § 66; Heydecker’s Gen. L. (2d ed.), p. 2222.] § 10. Overseers of town to support bastard and mother, whether chargeable or not. Where a woman shall be pregnant of a child likely to be born a bastard, or to become chargeable to a city or town, or where a 5. Neglect of duty by poor officers. The neglect of the superintendent to provide for the support of a bastard and its mother is a misdemeanor. The following: section of the Penal Code provides the punishment: § 117b. Neglect of duty by superintendent or overseer of the poor.—The county superintendent of the poor, or any overseer of the poor, whose duty it shall be to provide for the support of any bastard and the sustenance of its mother, who shall neglect to perform such duty, shall be guilty of a misde- ‘meanor, and shall, on conviction, be liable to a fine of two hundred and fifty dollars, or to imprisonment not exceeding one year, or both ‘such fine and imprisonment. [Thus added by L. 1896, ch. 550.] 550. Re.rer or Poor. Poor Law, § 68. 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 likely to be born, whether the mother have a legal settlement therein 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 (L. 1896, ch. 225), § 67; Heydecker’s Gen. L. (2d ed.), p. 2222.] § 11. 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 expend the same di- rectly, 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 6. The neglect of an overseer of the poor to provide for the support of the bastard and its mother is a misdemeanor. See Penal Code, sec. 117b, in preceding note. 7%. Order of filiation. If « person has been adjudged to be the father of a bastard by the magistrates before proceedings have been instituted, the order of filiation must specify the sum to be paid weekly by the father for the support of the bastard; and if the mother be indigent the sum to be paid for her support during her confinement ‘and recovery. See Code Crim. Pro- cedure, sec. 850. Such father must thereupon give an undertaking to the effect that he will pay the amounts for the support of the bastard and mother, as specified in the order. Code Crim. Procedure, sec. 85. If the mother is possessed of property in her own right she may be com- pelled to pay for the support of the child. Code of Crim. Procedure, sec. 857. Prosecution of undertaking. The following sections of the Code of Criminal Procedure authorize superintendents of the poor and overseers of the poor to compel the support of a bastard and of its mother: “Sec. 881.—If an undertaking for the appearance at the County Court of a person charged as the father or mother of a bastard, be forfeited, the court may order it to be prosecuted; and the sum mentioned therein may be re- covered, and when collected, must, except in the city of New York, be paid to the county treasurer, and by him credited to the town in the same county, Hable to the support of the bastard, or if there be none, to the county. In the city of New York, the court must order the undertaking to be prosecuted by the commissioners of charities and corrections, and when collected, it Support or Bastarps. 551 Poor Law, § 48. 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 must be paid into the city treasury. In every other county, it must be prose- cuted by the district attorney. “Sec, $82.—When an undertaking to obey an order, in relation to the sup- port of a bastard, or.of a child likely to be born a bastard, or of its mother, is forfeited, it may be prosecuted in the name of the county superintendents of the county, or the overseers of the poor of the town, which was liable for the support of the bastard, or which may have incurred any expense in the support of the bastard, or of its mother, during her confinement or re- covery; or in the city of New York, in the name of the corporation of that city.” Action on undertaking. A bond to indemnify a town concerning a bastard child is broken, and an action may be maintained upon it as soon as the town becomes liable or bound to maintain the child; and an action may be maintained ‘upon it without actual disbursement, advance or pay- ment by the town. Rockefeller v. Donnelly, 8 Cow. 623. Evidence that the mother is of sufficient ability to support the bastard child is not admissible in discharge of the defendants, but proof of her hav- ing in fact maintained the child would be proper. People v. Corbett .¢ Easton, 8 Wend. 520. ; An order of filiation is conclusive, unless it has been appealed from, and an undertaking given .as provided in subdivision 2 of section 851 of the Code of Criminal Procedure. The order of filiation is equivalent to a judgment that the defendant should pay the weekly sum mentioned therein. It rests with the defendant to show himself exonerated from the payment in order to avoid the recovery against him. Wallsworth v. Mead, 9 Johns. 367. This case was followed in Rockefeller v. Donnelly, 8 Cow. 623. This case is an important and leading one and disposes of the whole question of the liability of a father to support his bastard child. The extent of the liability of the. defendants is definitely settled by the order and recognizance; no assignment of breaches or assessment of dam- ages is necessary, and the defendants have no right to inquire what amount has been expended. The People v. Corbett & Easton, 8 Wend. 520. Action on order. Section 886 of the Code of Criminal Procedure pro- vides that: “An action may be maintained by the parties authorized by section 882, upon an order made by two magistrates, or a County Court, for the payment of a sum weekly or otherwise, for the support of the bastard or its mother, notwithstanding that an undertaking may have been given to comply with the order; and in case of the death of the person against whom the order was made, an action may be maintained thereon against his executors or adminis- trators. But when an undertaking is given to appear at the next term of _, the.County. Court, no action can be brought on. the ,order until it ig affirmed by the court.” : 552 Rerer or Poor. Poor Law, §§ 69, 70, 71. hands.” [Poor Law (L. 1896, ch. 225), § 68; Heydecker’s Gen. L. (2d ed.), p. 2222.) § 12. When moneys received on account of bastard chargeable to county; how to be disposed of. — All 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 re- covered by and in the name of the county. [Poor Law (L. 1896, ch. 225), § 69; Heydecker’s Gen. L. (2d ed.), p. 2222.] § 13. Disputes concerning settlement of bastard, how de- termined. When a dispute shall arise concerning the legal settlement 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 (L. 1896, ch. 225), § 70; Heydecker’s Gen. L. (2d ed.), p. 2223.] § 14. 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, shall give the like 8. Accounts of overseers of the poor are to be rendered in the manner provided by section 26 of the Poor Law, ante, p. 526; for peralties for failure to account, see Poor Law, sec. 14, ante, p. 488. For form of accounts. of overseers for moneys Teceired and paid out for support of bastards, see Form No. 84, post. 9. Settlement of poor persons, proceedings relating to disputes as to. See Poor Law, secs. 43-45, ante, p. 537. Support oF Bastagps. 553 ‘Poor Law, § 72. notice to the overseers of the town or city where the mother’s set tlement may be, as is required in the case of a person becoming @ poor-person, under the like cireumstances, and the same pro- ceedings shall be had, in all respects, to determine 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 superintend- ents, shall be assessed, together with the lawful interest on the moneys expended, on the’ town or city to which such mother be- longs, and shall be collected’ in the same manner as provided for poor persons supported under the same circumstances, and the moneys so collected ‘shall be paid to the county treasurer, for the benefit of, and to be credited to, the town which incurred ak ex- penses. [ Poor Law (L. 1896, ‘ch. 225), § 71; Heydecker’s Gen. L. (2d ed.), p. 2223.] '§ 15. Mode ofascertaining 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 overseers 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 10. Proceedings to determine plage of settlement of poor person are pre- scribed by Poor Law, secs. 43, 44, ante, p:'537. See Forms Nos.:74-83, post. 11. Order of supervisor for support of poor person is to be obtained as provided in section. 23 of the Poor Law, ante, p.- 523. 554. Rewier oF Poor. Poor Law, §§ 73, 74. the county treasurer in the same manner as for poor persons, and be charged to the town to whose officers such payment shall be made. [Poor Law (L. 1896, ch, 225), § 72; Heydecker’s Gen. L. (2d ed.), p. 2224.] § 16. When mother and child to be removed to county alms- house. If there be a county alms-house in any county where the towns are required to support their own poor, the overseers of the poor cf 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 alms- house, 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 (L. 1896, ch. 225), § 78; Heydecker’s Gen. L. (2d ed.), p. 2224.[ § 17. Superintendents and overseers may compromise with father of bastard; when mother may receive money. Superintendents and overseers of the poor may make such com- promise and arrangements with the putative father of any bastard child within their jurisdiction, relative to the support of such child, as they shall deem equitable and just, and thereupon dis- charge such putative father from all further liability for the sup- port of such bastard.” 12. Removal of poor persons to alms-house regulated by Poor Law, sec. 20, ante, p. 520. 13. For form of agreement upon compromise with putative father, see Form No. 85, post. An action will not lie by the county superintendents of the poor against the putative father of a bastard child on a promise to indemnify the county, made by him to the supervisor of the town in which the child was born, where it is not shown that the supervisor, in obtaining the promises, acted in the premises at the request or with the privity of the county super- intendents. Birdsall v. Edgerton et al., 25 Wend. 619. Where money is paid by a person charged with being the father of an unborn bastard to a superintendent of the poor, upon « compromise, it may be recovered upon its appearing that the supposed mother was not preg- nant. The statute authorizes a compromise and arrangement with the putative father relative to the support of the child. The compromise is Suprost oF Bastarps. 555 . , Poor Law, § 74. Whenever a compromise is made with the putative father of a 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 sat- isfaction of the officers making the compromise, shall be entitled to receive the moneys paid by such putative father as the considera- tion of such compromise. If the mother of such child shall be un- able 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 al- lowance for nursing and ialing eare 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 (L. 1896, eh, 225), § 74; Heydecker’s Gen, L. (2d ed.), p. 2224.) merely a mode of getting indemnity on the part of the county for the sup- port of the bastard. ‘Whether the: superintendent takes a bond or a sum of money, he but. indemnifies the county against an actual or impending ex- pense; and when there has been no expense to the county, and there is to be none, against which the money was paid as an indemnity, then the money belongs to the person paying it. Rheel v, Hicks, 25 N. Y. 289. 556 Re.ieF oF Poor. Code Criminal Procedure, § 914. CHAPTER XLI. SUPPORT OF POOR PERSONS BY RELATIVES; ABSCONDING PARENTS Ok HUSBAND. Section 1. Who may be compelled to support poor relatives. 2. Overseers to apply to court for order compelling support of poor person by relatives. 3. Court to hear cause and make order of support. _ . Support; when to be apportioned among different relatives. . Order to prescribe time during which support is to continue, or may be indefinite; when and how order may be varied. . Costs by whom paid, and how enforced. . Action on the order or failure to comply therewith. . Husbands abandoning wives or children are disorderly persons. . Absconding parents or husband, seizure of property of, for sup- port of children or wife; application for warrant. 10. Overseer may seize property; sale or transfer void; inventory of property seized. 11. Warrant and seizure, when confirmed or discharged by court. 12. Warrant to be discharged upon return of parent or husband, or upon security. 13. Sale of property seized, and application of its proceeds. 14. When superintendent of poor has power of overseer. 15. Sale of property of absconding parents; application to court; application of proceeds for benefit of minors; accounting of guardians. 16. Superintendent or overseer may redeem real property of ab- sconding father or husband, sold at sheriff’s sale. 17. How superintendent or overseer may acquire title. 18. Money used for redemption; how repaid. 19. When warrant of seizure may be discharged. a OMNIA § 1. Who may be compelled to support poor relatives. The father, mother and children, if of sufficient ability, of a poor person who is insane, blind, old, lame, impotent or decrepit, so as to be unable by work to maintain himself, must, at their own charge, relieve and maintain him in a manner to be approved by the overseers of the poor of the town where he is, or in the city of New York, by the commissioners of public charities.” If such 1. Liability of relatives. The duties of children to their parents arise from a principle of natural justice and retribution. For to those who gave us existence we naturally owe subjection and obedience during our minority and honor and reverence ever after; they who protected the weakness of our infancy are entitled to our protection in the infirmity of their age; they who by sustenance and education have enabled their offspring to prosper Support oF Poor Persons py RELATIVES. 557 Code Criminal Procedure, § 915. poor person be insane, he shall be maintained in the manner pre scribed by the insanity law. The father, mother, husband, wife or children of a poor insane person legally committed to and con- fined in an institution supported in whole or in part by the state, shall be liable, if of sufficient ability, for the support and mainten- ance of such insane person from the time of his reception in such institution.” [Code Criminal Procedure, § 914, as amended by L. 1898, ch. 399.] § 2. Overseers to apply to court for order compelling support of poor person by relatives. If a relative of a poor person fail to relieve and maintain him, as provided in the last section, the overseers of the poor of the town where he is, or in the city of New York, the commissioners of public charities may apply to any court of record or to a judge. thereof where the relative dwells, for an order to compel such re- lief, upon at least ten days’ written notice, served personally, or by leaving it at the last place of residence of the person to whom ought in return to be supported by that offspring in case they stand in need of assistance. 1 Blackstone’s Com. 453. At common law no legal duty rests upon a child to support his indigent parent, and until proceedings to charge him with such support are taken as provided by statute, he is not liable therefor. Frazer v. DeWitt, 49 Hun, 53; 1 N. Y. Supp. 467; see, also, Edwards v. Davis, 16 Johns. 281, where it was held that-the:liability ofa child to support his parents who are infirm, destitute or aged, is wholly created by statute, and therefore the law does not imply a promise from the child to pay for necessaries furnished, without his request to an indigent parent. Liability of husband for support of wife. The common law affords no means of compelling a husband to support his wife otherwise than by making him liable to third persons who have supplied her with necessaries after he has improperly refused so to do, and the statute providing for the compulsory support of indigent relatives does not apply to husband and wife. People ex rel. Kehlbeck v. Walsh, 11 Hun, 292. The wife of a man who is abundantly able to provide for her cannot be deemed a poor person. Superintendents of the poor cannot, therefore, maintain an action in their official capacities against a husband for boarding, clothing and medical aid furnished to his wife as a pauper. Norton v. Rhodes, 18 Barb. 100. 2. Insane poor. If a poor person is insane, he is to be committed to a state hospital for the insane, to be there supported at the expense of the atate. If there is any one legally liable for his support under the above section, action may be taken by the poor officers, the commission in lunacy, or the hospital authorities against such person to compel him to support or contribute toward the support of the insane person so maintained. See Insanity Law, secs. 42, 66-69, ante, p. 498. 558 Re ieF oF Poor. Code Criminal Procedure, §§ 916, 917. it is directed, in case of his absence, with a person of suitable age and discretion. If such poor pérson be insane and legally com- mitted to and confined in an institution supported in whole or in part by the state, and his relatives refuse or neglect to pay for his support and maintenance therein, application may be made by the treasurer of such institution in the manner provided in this sec- tion. for an order directing the relatives liable therefor to make such payment. [Code Criminal Procedure, § 915, as amended by DL. 1898, ch. 399. ] § 3. Court to hear cause and make order of support. At the time appointed in the notice, the court or a judge thereof must. proceed summarily to hear the allegations and proofs of the parties, and must order such of the relatives of the poor person mentioned in section nine. hundred and fourteen, as were served with the notice and are of sufficient ability, to relieve and main- tain him, speeifying in the order the sum to be paid weekly for his support, and requiring it to be paid by the father, or if there be none, or if he be not of sufficient ability, then by the children, or if there be none, or if they be not, of sufficient ability, then by the mother. If the application be made to secure an order compelling relatives to pay for the maintenance of insane poor persons com- mitted to and confined in an institution supported in whole or in part by the state such order shall specify the sum to be paid for his maintenance by his relatives liable therefor, from the time of his reception in such institution to the time of making such order, and also the sum to be paid weekly for his future maintenance in such institution. The relatives served with such notice shall be deemed to be of sufficient ability, unless the contrary shall affirma- tively appear to the satisfaction of the court or a judge thereof. [Code Criminal Procedure, § 916, as amended by L. 1898, ch. 399. ] § 4. Support; when to be apportioned among different rela- tives. If it appear that any such relative is unable to wholly maintain the poor person or to pay for his maintenance if confined in a state institution for the insane but is able to contribute toward his sup- port, the court or a judge thereof may direct two or more relatives of different degrees, to maintain him or to pay for his maintenance in such an institution if insane, prescribing the proportion which Suprort oF Poor Persons By RELATIVES. 559. Code Criminal Procedure, § 918. each tanst contribute for that purpose; and if it appear that the relatives are not of sufficient ability wholly to maintain him, or to pay for his maintenance in such an institution, if insane, but are able to contribute something, the court or a judge thereof must direct the sum, in proportion to their ability, which they shall pay weekly for that purpose. If it appears that the relatives who are liable for the maintenance of an insane poor person confined in a state institution for the insane are not able to pay the whole amount due for such maintenance from the time of such poor person’s ad- mission to such institution, the court or a judge thereof must “direct the sum to be paid for such maintenance in proportion to the ability of the relatives liable therefor.’ [Code Criminal Pro- cedure, § 917, as amended by L. 1898, ch. 399.] § 5. Order to prescribe time during which support is to: con- tinue, or may be indefinite; when and how order may be varied. The order may specify the time during which the relatives must maintain the poor person, or during which any of the sums directed by the court or a judge thereof are to be paid or it may be indefi- nite or until the further order of the court or a judge thereof." If the order be for payment of a weekly sum for the maintenance of an insane poor person in a state institution, the order shall specify that such sum shall be paid as long as such insane poor person is maintained in such institution. The court or a judge thereof may 3. Contribution, effect of. This section authorizes the court to require persons equally liable for the support of an indigent parent to contribute toward such support according to their ability, and where one of two per- sons is unable to contribute his entire proportion of such support, the court is authorized to require him to contribute according to his ability, and to require the other to-pay the residue. Stone v. Burgess, 47 N. Y. 521; 2 Lans. 439, And an order reciting that the two are of sufficient ability, and directing the proportion each one is to pay, if the proportion is unequal, is, in. effect, a determination that the one required to pay the less sum is unable- _ to pay his full proportion, but is able to pay the sum fixed, and such order is valid. Id. : 4. Order, in effect a judgment. So long as.an order, made by a court of sessions, directing the relative of a poor person to pay a specified sum ‘periodically to the superintendent of the poor for the support of such poor person, remains unchanged, such relative is liable to pay the sum therein prescribed. If he or she desires to be relieved therefrom application should . be made under the above section of the code for an amendment of the order. . Aldridge v. Walker, 73 Hun, 281; 57 St. Rep. 273; 26 N. Y. Supp, 296. “Such an order is not void. because it gives no option to. such person either to support her daughter or to pay the amount provided, and if it is irregu- 560 RewieF oF Poor. Code Criminal Procedure, §§ 919, 920. from time to time vary the order, as circumstances may require, on the application either of any relative affected by it, or of any officer on whose application the order was made, upon ten days’ written notice. [Code Criminal Procedure, § 918, as amended by L. 1898, ch. 399.] § 6. Costs, by whom paid, and how enforced. The costs and expenses of the application must. be ascertained by the court, and paid by the relatives against whom the order is made; and the payment thereof, and obedience to the order of maintenance, and to any order for the payment of money, may be enforced by attachment. [Code Criminal Procedure, § 919.] § 7. Action on the order on failure to comply therewith. If a relative, required by an order of the court or a judge thereof to relieve and maintain a poor person, neglect to do so in the manner approved by the officers mentioned in section nine hundred and fourteen, and neglect to pay to them weekly the sum prescribed by the court or a judge thereof for every week the order tain an action against the relative, and recover therein the sum prescribed by the court or a judge thereot for every week the order has been disobeyed, to the time of the recovery, with costs, for the use of the poor.’ If the order directs a relative to pay for the maintenance of an insane poor person in a state institution, ana lar the remedy is by appeal, and the question of its irregularity cannot be properly raised in an action brought to collect the amount directed to be paid by such person. While the determination provided for by this title is denominated an order, it is a final determination of the matter, and in effect a judgment. Id. Notice. The notice required by this section should be served upon the officer making application for the order compelling the relative to support the poor person. 5. When action will lie. Defendant is not in default of an order of the court requiring him to support his mother at his own house when he has to support her for about a year, and she leaves without any just cause and does not return, he being willing to receive and support her in his family. Converse v. McArthur, 17 Barb. 410. When an order is made requiring the relative of a person to support him, and fixing a sum to be paid weekly, the relative may provide for the support of the pauper, at such place and in such manner as he shall deem proper, provided the place and manner are approved by the overseer, and it is not until he has neglected or refused to do this that he is liable for the sum directed to be paid. Duel v. Lamb, 1 T. & C. 66. Suprort oF Poor Persons py REevatives. 561 Code Criminal Procedure, §§ 899, 900, 901, 902. such relative refuses or neglects to pay the amount specified therein, an action may be brought by the treasurer of such institu- tion in its corporate name to recover the amount due to such insti- tution by virtue of such order. [Code Criminal Procedure, § 920, as amended by L. 1898, ch. 399.] § 8. Husbands abandoning wives or children are disorderly persons. Persons who actually abandon their wives or children, without adequate support, or leave them in danger of becoming a burden upon the public, or who neglect to provide for them according to their means; and persons who threaten to run away and leave their wives or children a burden upon the public are disorderly persons.” [Oode Criminal Procedure, § 899, subs. 1, 2.] On complaint to a magistrate that a husband is a disorderly person a warrant will issue for his arrest. If the magistrate is satisfied that he is a disorderly person he may require him to give an undertaking to the effect that he will “ support his wife and chil- dren, and will indemnify the county, city, village or town, against their becoming within one year chargeable upon the public. v [Code Criminal Procedure, §§ 900, 901.] If the husband gives the undertaking, he must be a eiareet. but if not, the magistrate must convict him as a disorderly person and take a certificate in the form prescribed by the statute. [Code Criminal Procedure, 6. Object of statute. The statute is designed to protect the public against the burden of supporting a wife and children when the husband, without just cause, neglects or refuses to perform his legal obligation in that regard. It does not impose any new duty upon a husband toward his wife, but simply declares that unreasonable neglect or refusal to perform certain existing obligations, in a case where such conduct will result in imposing a burden upon the public, shall be punishable as a crime. A husband is not to be restricted by the statute in his right to determine the place and manner of supporting his wife. If he neglects or refuses to properly provide for her, or so maltreats her that she would be justified in refusing her submission to his requirements, he may be deemed a disorderly person under the above statute. People ex rel. Douglas v. Naehr, 30 Hun, 461. But a husband cannot be made a vagrant and « disorderly person by not complying with any condition in respect to support which the wife may see fit to impose. The husband has a right to select his own residence and the support that the statute was intended to secure is the necessaries of life, or such as the party had been accustomed to and the husband is able to provide. People v. Petit, 74 N. Y. 320; see, also, Lute v. Shelley, 40 Hun, 197. 36 562 RetieF oF Poor. Code Criminal Procedure, §§ 902, 903, 905, 921. § 902.] Such certificate constitutes a record of conviction and the magistrate must by a warrant commit the husband to a county jail or a penitentiary for not exceeding six months at hard labor, or until he gives the security prescribed by statute. [Code Crim- inal Procedure, §§ 902, 908.] If the husband fails to support his wife and children and the undertaking has been given, such undertaking may be prosecuted by the county superintendents of the poor or the overseers of the poor of the town, and the sum collected must be paid into the county treasurer for the benefit of the poor. [Code Criminal Procedure, § 905.] § 9. Absconding parents or husband, seizure of property of, for support of children or wife; application for warrant. When the father, or the mother being a widow or living separate from her husband, absconds from the children, or a husband from his wife, leaving any of them chargeable or likely to become charge- able upon the public, the officers mentioned in section nine hundred and fourteen may apply to any two justices of the peace or police justices in the county in which any real or personal property of the father, mother or husband is situated, for a warrant to seize the same.’ Upon due proof of the facts, the magistate must issue his warrant, authorizing the officers so applying to take and seize the property of the person so absconling. Whenever any child shall be committed to an institution pursuant to any provision of law, any criminal court or magistrate may issue a warrant for the arrest of the father of the child, and examine into his ability to maintain such child in whole or in part; and if satisfied that 7. Who may maintain proceedings. One of two overseers of the poor is authorized to institute and carry on proceedings for the seizure of prop- erty of one who has absconded, leaving his wife or child chargeable to the town. When only one overseer acts, the consent of the other will be pre- sumed. Downing v. Rugar, 21 Wend. 178. Evidence. It is the duty of the court, before confirming the warrant and seizure and directing the sale of property, to require the overseers to produce some evidence to establish the case charged in the warrant, against the party whose property is seized, and the case may be contested by such party. Read v. Triangle, 23 Barb. 236. Sums paid to institution to be credited to town, etc. In cases of commitment of a child to an institution, the above section authorizes a magistrate to order the father to pay a sum for the child’s support which is to be credited by the institution to the city, town or county against any sum due for maintenance. People v. Dickson, 57 Hun, 315. Support oF Poor Persons sy RELATIvEs. 563 Code Criminal Procedure, §§ 922, 923, 924. such father is able to contribute toward the support of the child, then such court or magistrate shall, by order, require the weekly payment by such father of such sum and in such manner as shall be in said order directed, towards the maintenance of such child in such institution, which amount when paid shall be credited by the institution to the city, town or county against any sums due to it therefrom on account of the maintenance of the child. [Code Criminal Procedure, § 921, as amended by L. 1903, ch. 13.] § 10. Overseer may seize property; sale or transfer void; in- ventory of property seized. The officers so applying may seize and take the property, wherever it may be found in the same county; and are vested with all the right and title thereto, which the person absconding then had. The sale or transfer of any personal property, left in the county from which be absconded, made after the issuing of the warrant, whether in payment of an antecedent debt or for a new consideration, is absolutely void. The officers must immediately make an inventory of the property seized by them, and return it, together with their proceedings, to the next County Court of the county where they reside, there to be filed. [Code Criminal Procedure, § 922.]- § 11. Warrant and seizure, when confirmed or discharged by court. The court, upon inquiring into the circumstances of the case, may confirm or discharge, the warrant and seizure; and if it be confirmed, must, from time to time, direct what part of the per- sonal property must be sold, and how much of the proceeds of the sale, and of the rents and profits of the real property, if any, are to be applied toward the maintenance of the children or wife of the person absconding. [Code Criminal Procedure, § 923.] § 12. Warrant to be discharged upon return of parent or hus- band, or upon security. If the party against whom the warrant issued, return and support the wife or children so abandoned, or give security satisfactory to any two justices of the peace or police justices in the city, village or town, to the overseers of the poor of the town, or in the city of New York, to the-commissioners of charities 564: ReieF oF Poor. Code Criminal Procedurefi §§ 925, 926. and corrections, that the wife or children so abandoned shall not be chargeable to the town or county, then the warrant must be discharged by an order of the magistrates, and the property taken by virtue thereof restored to the party. [Code Criminal Pro- cedure, § 924.] § 13. Sale of property seized, and application of its proceeds. The officers must sell at public auction the property ordered to be sold, and receive the rents and profits of the real property of the person absconding, and in those cities, villages or towns. which are required to support their own poor, the officers charged therewith must apply the same to the support of the wife or chil- dren so abandoned ; and for that purpose must draw on the county treasurer, or in the city of New York, upon the comptroller, for the proceeds as directed by special statutes. They must also ac- count to the County Court of ‘tthe county, for all money so received by them, and for the application thereof, from time to time, and may be compelled by that court to render that account at any time. [Code Criminal Procedure, § 925.] § 14. When superintendent of poor has power of overseer. In those counties where all the poor are a charge upon the county, the superintendents of the poor are vested with the same powers, as are given by this title to the overseers of the poor of a town, in respect to compelling relatives to maintain poor per- sons, and in respect to the seizure of the property of a parent abseonding and abandoning bis family; and are entitled to the same remedies in their names, and must perform the duties required by this title, of overseers and are subject to the same obligations and control.” [Code Criminal Procedure, § 926.] 8. For provisions relating to abolition or restoration of distinction between town and county poor, see Poor Law, sec. 134, post, p. 582. Maintenance of actions by poor officers. An action cannot be main- tained by superintendents of the poor for boarding, clothing and medical aid furnished to his wife as a pauper; notwithstanding he has maltreated her and expelled her from his house without just cause, and refused to provide for her, though of sufficient ability to do so. Norton v. Rhodes, 18 Barb. 190. It was held proper for the overseers of the town of Cazenovia to begin proceedings against a father to compel him to support his poor and infirm son. Tillotson v. Smith, 12 N. Y. St. Rep. 331. Support or Poor Persons py RELATIVES. ‘565 L, 1878, ch. 304, § 1. § 15. Sale of property of absconding parents; application to court; application of proceeds for benefit of minors; accounting of guardians. When property of absconding persons to be applied to support of families; how application made.—Whenever the father, or the mother 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 charge- able, or likely to become chargeable upon the public for their sup- port, 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 officers so author- ized 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 assess- ments 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, directly to the maintaining, bringing up and providing for the wife, child or children so left and aban- doned, as the same may be required from time to time; and for all 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 protection and preservation of said real estate, and the balance of said rents and profits shall be applied 566 Reier oF Poor. L.. 1878, ch. 304, §§ 2, 3, 4. by said overseers, superintendents, boards of charities, or other persons authorized to make such seizures, to the maintaining, bringing up, and providing for the wife, child, or children so left and abandoned, and proper vouchers shall be taken thereof. [L. 1878, ch. 304, § 1; Heydecker’s Gen. L. (2d ed.), p. 4735. ] Guardians for minors; proceeds not to be mingled with other funds ; officer to give security and to account.—Whenever any child or children, entitled to the benefits 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 per- sonal 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 superintendent, overseer of the poor, board of charities or other authorized 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 ac count to the Court of Sessions for all moneys so received by them and for the application thereof from time to time and may be compelled by the said court to render such account at any time. [Idem, § 2.] Notice of accounting.—Notice of such accounting shall be given to the wife or children, so left and abandoned, as the case may be, and to the guardian of such children, if any of them be minors. And in the event that no guardian or next friend has been ap pointed, as hereinbefore provided, the said court shall, prior to such accounting being had, appoint some suitable person to at- tend upon such accounting in behalf of said minors, and notice of such appointment and of such accounting shall be given to the person so appointed. [Jdem, § 3.] Penalties ; how applied.—All penalties received from the prose- cution of any recognizance given by any person who shall have abandoned or neglected his wife or children, or who shall have threatened to run away and leave his wife or children a burden on the public, shall be retained by the officer at whose instance such Support oF Poor Persons sy RELATIVES. 567 Poor Tait; §§ 130, 131, 132. recognizance was prosecuted, and applied for the same purpose and in the same manner as in the first section of this act provided for the disposition of the proceeds of the sales of personal property and the rents and profitts of real estate seized under the provisions of this act.. [Idem, § 4.] § 16. Superintendent or overseer may redeem real property of absconding father or husband, sold at sheriff’s sale. County superintendents and overseers of the poor may redeem real property, which may have been seized by them pursuant to sections 921 to 926 of the Code of Criminal Procedure, the same as judgment creditors under sections 1430 to 1478 of the Code of Civil Procedure. No such redemption shall be made, unless at the time of such redemption, the seizure of the property sought to be redeemed, shall have been confirmed by the County Court of the county where the premises may be situated, nor unless such property shall, at the time of making such redemption, be held by the superintendents or overseers, under and by virtue of such seizure. [Poor Law (L. 1896, ch. 225), § 180; Heydeck- er’s Gen. L. (2d ed.), p. 2239. ] § 17. How superintendent or overseer may acquire title. To entitle such superintendents or overseers to acquire the title of the original purchaser, or to be substituted as purchaser, from any other creditor, they shall present to and leave with such pur- chaser or creditor, or the officer who made the sale, the following evidence of their right : 1. A copy of the order of the County Court, confirming the warrant and seizure of such property, duly verified by the clerk of the court. 2. Any affidavit of one of the superintendents or overseers that such property is held by them under such warrant and seizure, and that the same have not been discharged, but are then in full force. [Poor Law (L. 1896, ch. 225), § 181; Heydecker’s Gen. L. (2d ed.), p. 2239.] § 18. Money used for redemption; how repaid. The superintendents or overseers of the poor may, for the pur- pose of making such redemption, use any moneys in their hands belonging to the poor funds of their respective towns or counties, which moneys shall be replaced, together with the interest thereon, 568 Rewer or Poor. Poor Law, § 133. out of the first moneys which may be received by them from the rent or sale of the premises so redeemed. [Poor Law (L. 1896, ch, 225), § 182; Heydecker’s Gen. L. (2d ed.), p. 2240.] § 19. When warrant of seizure may be discharged. If such redemption shall be made, and the person against whom the warrant was issued and seizure made shall apply to have the warrant discharged, he shall, before such warrant. and seizure are discharged, in addition to the security required to be given by section nine hundred and twenty-four of the Code of Criminal Procedure, pay to such superintendents or overseers the sum paid by them to redeem such property, together with interest thereon, from the time of such redemption. [Poor Law (L. 1896, ch. 225), § 183; Heydecker’s Gen. L. (2d ed.), p. 2240. | Rewier or Sorprers, Sattors anp Marines. 569 .Poor Law, § 80. ’ CHAPTER XLII. RELIEF OF VETERAN SOLDIERS, SAILORS AND MARINES. Section 1. Relief to veteran soldiers, sailors and marines; not to be sent to alms-houses; duty of Grand Army of Republic. 2. Grand Army post commander .to file notice and undertaking. 3. Poor or indigent soldiers, etc., without families to be sent to soldiers’ home. 4. Board of supervisors to designate persons to conduct burial of soldiers, sailors or marines; where burial made. 5. Headstones to be provided for soldiers’ graves at expense of county; board of supervisors to audit cost thereof. § 1. Relief to veteran soldiers, sailors and marines; not to be sent to alms-houses; duty of Grand Army of Republic. No poor or indigent soldier, sailor, or marine who has served in the military or naval service of the United States, nor his fam- ily nor the families of any who may be deceased, shall be sent to any alms-house, but: shall be relieved and provided for at their homes in the city or town where they may reside, so far as practi- cable, provided such soldier, sailor or marine or the families of those deceased, are, and have been, residents of the state for one year and the proper auditing board of such city or town in those counties where the poor are a county charge, the superin- tendent, if but one, or superintendents of the poor as such auditing board in those counties shall provide such sum or sums of money as may be necessary to be drawn upon by the commander and quar- termaster of any post of the Grand Army of the Republic of the city or town, made upon the written recommendation of the relief committee of such post; or if there be no post in a town or city in which it is necessary that such relief should be granted upon the like request of the commander and quartermaster and recom- mendation of the relief committee of a Grand Army post located in the nearest: town or city, to the town or city, requested to so furnish relief, and such written request and recommendation shall be sufficient authority for the expenditures so made.’ [Poor Law 1. Power to determine who so entitled to relief. Under the above section the power to determine who are indigent persons and families, the necessity for their relief, the measure thereof, the place where and the cir- cumstances ander which the same shall be administered, is not vested ex- clusively in a relief committee of a Grand Army post, but the proper officers of the town, city or county, having jurisdiction to raise and appropriate 570 . Reine oF Poor. -Poor Law, § 81. (L. 1896, ch. 225), § 80, as amended by L. 1899, ch. 83, and L. 1900, ch. 475 ; Heydecker’s Gen. L. (2d ed.), p. 2225. ] § 2. Grand Army post commander to file notice and under- taking. The commander of any such post which shall undertake to super- vise relief of poor veterans or their families, as herein provided, before his acts shall become operative in any town, city or county, shall file with the clerk of such town, city or county, a notice that such post intends to undertake such supervision of relief, which notice shall contain the names of the relief committee, commander and other officers of the post; and also an undertaking to such city, town or county, with sufficient and satisfactory sureties for the faithful and honest discharge of his duties under this article; such undertaking to be approved by the treasurer of the city or county, or the supervisor of the town, from which such relief is to be received.” Such commander shall annually thereafter, during the month of October, file a similar notice with said city or town clerk, with a detailed statement of the amount of relief requested by him during the preceding year, with the names of all persons for whom such relief shall have been requested, together with a brief state- ment in each case from the relief committee upon whose recom- mendation the relief was requested,’ provided, however that in cities of the first class said notice and said detailed statement shall be filed with the comptroller of such city, and said undertaking shall be approved by him, and provided further that in any city of the first class which is now, or may hereafter be divided into boroughs, a duplicate of such notice and of such detailed statement shall be filed with the commissioner of charities for the borough in which the headquarters of such post is situated, and it shall be money for the relief of the poor, have jurisdiction and control over the same, and may determine the amount of money necessary. The Grand Army post may apply to the auditing board of the municipality for such sum of money as it deems necessary, and that board may exercise its judgment and discretion as to the amount to be appropriated; and where it has so done, its determination is final and not subject to review by any court. People ex rel. Crammond v. Common Council, 136 N. Y. 489; 32 N. E. 984. 2. For form of notice of commander of post of Grand Army as to the relief of poor persons, etc., see Form No. 86, post. 3. For form of request of officers of Grand Army post for the relief of veterans with a statement of the relief committee upon whose recommenda- tion the relief was requested, see Form No. 87, post. Rewer or Sorprers, Sartors anp Marines. 571 Poor Law, § 81. the duty of such commissioner to annually include in his estimate of the amounts necessary for the support of his department such sum or sums of money as may be necessary to carry into effect the provisions of sections eighty, eighty-one, eighty-two, eighty-three and eighty-four of this act, and the proper officers charged with the duty of making the budget of any such city shall annually include therein such sum or sums of money as may be necessary for that purpose. Moneys actually laid out and expended by any such post for the relief specified in section eighty of this act shall be reimbursed quarterly to such post. by the comptroller on vouch- ers duly verified by the commander and quartermaster of said post, showing the date and amount of each payment, the certificate of the post relief committee, signed by at least three members, none of whom shall have received any of the relief granted by the post for which reimbursement is asked, showing that the person relieved was an actual resident of such city, and that they recom- mended each payment, and the receipt of the recipient for each payment, or in case such receipt could not be obtained, a statement of such fact, with the reason why such receipt could not be ob-. tained. Such vouchers shall be made in duplicate on blanks to be supplied by the comptroller and shall be presented to the com- missioner of charities for the borough in which the headquarters of the post is situated, and if such commissioner is satisfied that such moneys have been actually expended as-in said voucher stated, he shall approve the same and file one of the said duplicates in his office and forward the other to the comptroller, who shall pay the same by a warrant drawn to the order of the said commander. And provided further, that in any city, county or borough in which Grand Army posts have organized or may organize a memorial and executive committee, the latter shall be regarded as a post of the Grand Army of the Republic. And the chairman, treasurer or almoner and bureau of relief, or relief committee referred to, shall exercise the same privileges and powers as the commander, quartermaster and relief committee of a post, on complying with the requirements of this and the preceding section. Wilful false swearing to such voucher shall be deemed perjury and shall be punishable as such. [Poor Law (L. 1896, ch. 225), § 81, as amended by L. 1898, ch. 337, and L. 1899, ch, 462; » Heydecker's Gen. L. (2d ed.), p. '2996.] 572 Rewier oF Poor. Poor Law, §§ 82, 83. § 3. Poor or indigent soldiers, etc., without families to be sent to soldiers’ home. Poor or indigent soldiers, sailors or marines provided for in this article, who are not insane, and who have no families or friends with whom they may be domiciled, may be sent to a soldiers’ home.’ Any poor or indigent soldier, sailor or marine provided for in this chapter, or any member of the family of any living or deceased soldier, sailor or marine, who may be insane, shall, upon recom- mendation of the commander and relief committee of such post of the Grand Army of the Republic, within the jurisdiction of which the case may occur, be sent to the proper state hospital for the insane. [Poor Law (L. 1896, ch. 225), § 82; Heydecker’s Gen. L. (2d ed.), p. 2227.] § 4. Board of supervisors to designate persons to conduct burial of soldiers, sailors or marines; where burial made. The board of supervisors in each of the counties shall designate some proper person or authority, other than that designated for the care of poor persons, or the custody of criminals, who shall ‘cause to be interred the body of any honorably discharged soldier, sailor or marine, who has served in the military or naval service of the United States, or the body of the wife or widow of any soldier, sailor or marine, married to him previous to 1890, who shall die such widow, and who shall hereafter die without leaving sufficient means to defray his or her funeral expenses, but such ex- penses shall in no case exceed thirty-five dollars.’ If the deceased has relatives or friends who desire to conduct the burial, but are unable or unwilling to pay the charges therefor, such sum shall be paid by the county treasurer upon due proof of the claim, and of the death and burial of the soldier, sailor or marine, or of the wife or widow of such soldier, sailor or marine, to the person so conducting such burial. Such interment shall not be made in a cemetery or cemetery plot used exclusively for the burial of 4. Soldiers’ homes. The New York State Soldiers’ and Sailors’ Home at Bath is managed by a board of trustees, under the provisions of secs. 40 and 41 of L. 1893, ch. 227, and admissions to such home are regulated pur- suant to section 42 of that act. The New York State Home for the aged dependent veteran and his wife, veterans’ mothers, widows and army nurses, is located at Oxford, N. Y., and is established, managed, and admissions thereto are regulated by L. 1894, ch. 468, entitled “An act to provide for the establishment of a home for the aged and dependent veteran and his wife, veterans’ mothers, widows and army nurses, residents of New York.” 5. Burial plots in towns. It is provided by L. 1902, ch. 206, that town boards shall purchase and maintain burial plots for use of soldiers. See post, p. 822. Rewer or Soxrpiers, Sartors anp Marines. 573 Poor Law, § 84. poor persons deceased. [Poor Law, (L. 1896, ch. 225), § 83, as amended by L. 1900, ch. 24, and L. 1903, ch. 96; Heydecker’s Gen. L. (2d ed.), p. 2228.]} § 5. Headstones to be provided for soldiers’ graves at expense, of county; board of supervisors to audit cost thereof. The grave of any such deceased soldier, sailor or marine shall be marked by a headstone containing the name of the deceased, and, if possible, the organization to which he belonged, or in which he served ; such headstone shall cost not more than fifteen dollars, and shall be of such design and material as shall be approved by the board of supervisors, and the expense of such burial and head- stone as provided for in this article, shall be a charge upon, and shall be paid by the county in which the said soldier, sailor or marine shall have died; and the board of supervisors of such county is hereby authorized end directed to audit the account and pay the expense of such burial in the same manner as other accounts against said county are audited and paid; provided, however, that in case such deceased soldier, sailor or marine shall be at the time of his death an inmate of any state institution, including state hospitals and soldiers’ homes, or any institution supported by the state and supported at public expense therein, the expense of such burials and headstones shall be a charge upon the county of his legal residence. [Poor Law (L. 1896, ch. 225), § 84; wees er’s Gen. L. (2d ed.), p. 2228. ] 574 RewieFr oF Poor. Poor Law, § 90. CHAPTER XLIII. THE STATE POOR. Section 1. Who are state poor, and how relieved. 2. Notice to be given to county clerks of location of state alms- houses. . State poor to be conveyed to state alms-houses. . Punishment for leaving alms-house. . Expenses for support. . Duty of keepers; superintendent of state and alien poor to keep record of names, 7. Visitation of alms-houses by superintendent of state and alien poor, 8. Insane state poor. 9. Care and binding out of state poor children. 10. Transfer to other states or counties. 11. Powers of superintendent of state and alien poor. 12. Indian poor persons; removal to county alms-house. 13. Contracts for support of Indian poor persons. 14. Expenses for support of Indian poor persons. 15. Duty of keepérs; superintendent of state and alien poor to keep record. ao oa ® 09 § 1. Who are state poor, and how relieved. Any poor person 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 reception and support, in the alms-houses of such counties or cities respectively, of such poor persons as may be committed thereto. 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 writing, and filed in the office of such board. Such alms-houses, while used for the purposes of this article, shall be appropriately desig- nated by such board and known as state alms-houses. Such board may, from time to time, direct the transfer of any such poor per- son from one alms-house to another, and may give notice from Tus Strate Poor. 575 .Poor Law, §§ 91, 92. time to time to counties, to which alms-houses they shall send poor persons. [Poor Law (L. 1896, ch. 225), § 90; Heydecker’s Gen. L. (2d ed.), p. 2229.] § 2, Notice to be given to county clerks of location of state alms-houses. Such board shall give notice to the county clerks of the several counties of the location of each of such alms-houses, who thereupon shall cause such notice to be duly promulgated to the superintend- ents 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 ap- pointed by such board shall accompany such notice, giving all necessary information respecting the commitment, support and care of the state poor in such alms-houses, according to the pro- visions of this article. [Poor Law (L. 1896, ch. 225), § 91;. Heydecker’s Gen. L. (2d ed.), -p, 2230.]. § 3. State poor to be conveyed to state alms-houses. County superintendents of the poor, or officers exercising like powers, on satisfactory proof being made that the person so apply- ing for relief as a state poor person, as defined by this chapter, is such poor person, shall, by a warrant issued to any propcr per- son or officer, cause such person, if not a child under sixteen years of age, to be conveyed to the nearest state alms-house, where he shall be maintained until duly discharged, but a child under two years of age may be sent with its mother, who is a state poor per- son, to such state alms-house, but not longer than until it is two years of age. All testimony taken in any such proceding 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 (L. 1896, ch. 225), § 92; Heydecker’s Gen. L. (2d ed.), p. 2280.] 576° Rewier oF Poor. Poor Law, §§ 93, 94, 95. § 4. Punishment for leaving alms-house. An inmate of a state alms-house, who shall leave the same with- out being duly discharged, and within one year thereafter is found. in any city or town of this state soliciting public or private aid, shall be ‘punished by confinement in the county jail of the county in which he is so found, or in any work-house of this state in such county, for a term not exceeding three months, by any court of competent jurisdiction; and it shall be the duty of every superin-. tendent and overseer of the poor and other officers 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 (L. 1896, . ch. 225), § 93; Heydecker’s Gen. L. (2d ed.), p. 2280. ] § 5. Expenses for support. ._The expenses for the support, treatment and care of all poor persons who shall be sent as state poor to such alms-houses, shall be paid quarterly, on the first day of January, April, July and October in each year, to the treasurer of the county, or proper city 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 (L. 1896, ch. 225), § 94; Heydecker’s Gen. L. (2d ed.), p. 2231.] § 6. Duty of keepers; superintendent of state and alien poor to keep record of names. The keeper or principal officer in charge of such alms-house shall enter the names of all persons received by him pursuant to this article, with such particulars in reference to each as the board, from time to time may prescribe, together with the name of the superintendent by whom the commitment was made, in a book to be kept for that purpose. Within three days after the admis- sion of any such person, such keeper or principal officer shall trans- mit the name of such person, with the particulars hereinbefore mentioned, to the superintendent of state and alien poor; and notice of the death, discharge or absconding of any such person shall in like manner and within the time above named, be thus sent to such superintendent. Such superintendent shall cause Tue State Poor. 577 Poor Law, § 96. the names of such persons in each such alms-house furnished as above provided for, to be entered in a book to be kept for that purpose in the office of such board, and he shall verify the correct- ness thereof by comparison with the books kept in such alms-house, and by personal examination of the several inmates thereof, and in any other manner the board may from time to time direct; and he shall furnish the board, in tabulated statements, on or before the second Tuesday in January, annually, the number of inmates maintained in each and all of such alms-houses during the preced- ing year, the number discharged, transferred to other institutions, bound out or removed from the state, and the number who died or left without permission during the year, with such other par- ticulars and information as the board may require. [Poor Law (L. 1896, ch. 225), § 95; Heydecker’s Gen. L. (2d ed.), p. 2281. ] § 7. Visitation of alms-houses by superintendent of state and alien poor. The superintendent of state and alien poor shall visit and in- spect each of such alms-houses, at least once in each three months, and at such other times as he may deem expedient, or as the board may direct. And he shall also visit and inspect all alms-houses in which are Indians who are poor persons at least once a year. For the purposes of all such inspections, the superintendent shall possess all the powers of a member of the board and the further powers hereinafter mentioned. The officer in charge of each and every alms-house shall give to such superintendent free access to all parts of the ground, buildings, hospitals and other arrange- ments connected therewith, and to every inmate thereof, and ex- tend to him the same facilities for the inspection of such alms- house and its inmates, as is required by law to be extended to such board of commissioners; and, in default thereof, such officer shall be subject to the same penalty as if access were denied to any member of the board. Such board shall also cause each of such almshouses to be visited periodically by some of its members, who shall examine into their condition and management, respect- ively, and make such report thereof to the board as may be deemed proper. [Poor Law (L. 1896, ch. 225), § 96; Heydecker’s Gen. L. (2d ed.), p. 2282. ] 37 578 Reuier oF Poor. Poor Law, §§ 97, 98, 99, 100. § 8. Insane state poor. If any inmate of any such alms-house becomes insane, such superintendent of state and alien poor shall cause his removal to the appropriate state hospital for the insane, and he shall be re- ceived by the officer in charge of such hospital, and be maintained therein until duly discharged. [Poor Law (L. 1896, ch. 225), § 97; Heydecker’s Gen. L. (2d ed.), p. 2232. ] § g. Care and binding out of state poor children. Such superintendent of state afd alien poor shall cause the state poor children, under sixteen years of age, unless committed with the mother as hereinbefore provided by this chapter, to be maintained and cared for at such orphan asylums in this state as he may deem proper; and the expenses thereof shall be paid by the state treasurer on the certificate of such superintendent and the warrant of the comptroller. Such superintendent, in his discre- tion, may bind out a state poor orphan or indigent child which may be committed to any such state alms-house, or placed in any orphan asylum, if a male child under twenty-one years, if a female under the age of eighteen, to be clerks, apprentices or servants until such child, if a male, be twenty-one years old, or if a female, shall be eighteen years old, which binding shall be as effectual as if such child had bound himself with the consent of his parents or other legal guardian. [Poor Law (L. 1896, ch. 225), § 98; Heydecker’s Gen. L. (2d ed.), p. 2282. ] § 10. Transfer to other states or countries. When any person becomes an inmate of any such alms-house, and expresses a preference to be sent to any state or country where he may have a legal settlement, or friends willing to support him or to aid in supporting him, the superintendent of state and alien poor may cause his removal to such state or country, provided, in the judgment of the superintendent, the interests of the state and the welfare of such poor person will be thereby promoted. [Poor Law (L. 1896, ch. 225), § 99; Heydecker’s Gen. L. (2d ed.), p. 2233. ] § 11. Powers of superintendent of state and alien poor. The superintendent of state and alien poor shall possess and exercise the like powers, and be subject to the like duties as to the state poor as superintendents of the poor exercise and are subject Tue Strate Poor. 579 Poor Law, § 101. to in the care and support of county poor. In the absence or ill- ness of the superintendent such powers and duties may be pre- formed and discharged, by any person appointed by the state board of charities for such purpose. [Poor Law (L. 1896, ch. 225), § 100; Heydecker’s Gen. L. (2d ed.), p. 2283. ] § 12. Indian poor persons; removal to county alms-house. Every Indian residing within this state or upon any of the In- dian 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 per- son 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 super- intendent or other officer shall by warrant, cause such Indian to be conveyed to the alms-house of the county where such Indian resides, where he shall be maintained at state expense. Immedi- ately upon the removal of such Indian who is a poor person to such alms-house, all testimony taken and all facts relating 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 ex- penses 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 the warrant of the comptroller, to the person incurring the same. If, however, it shall appear to the satisfaction of such super- intendent that the Indian poor person making application for relief is in such physical condition as to make it improper to remove him to the alms-house, 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 alms-house, 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 cases of support of Indian poor persons in alms-houses. [Poor Law (L. 1896, ch. 225), § 101; Heydecker’s Gen. L. (2d ed.), p. 2233.] 580 Reuier or Poor. Poor Law, §§ 102, 103, 104. § 13. 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 alms-house 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 (L. 1896, ch. 225), § 102; Heydecker’s Gen. L. (2d ed.), p. 2234.] § 14. Expenses for support of Indian poor persons. The expenses for the support, treatment and care of all Indians who are poor persons and shall be sent to such county alms-house 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 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 (L. 1896, ch. 225), § 103; Heydecker’s Gen. L. (2d ed.), p. 2234.] § 15. Duty of keepers; superintendent of state and alien poor to keep record. The keeper or principal officer in charge of such alms-house 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 admission 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 superintendent. 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 alms-house by personal examination of Tue State Poor. 581 Poor Law, § 104. 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 In- dians maintained in all such county alms-houses during the pre- ceding 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 (L. 1896, ch. 225), § 104; Heydecker’s Gen. L, (2d ed.), p. 2234.] 582 RetieFr or Poor. Poor Law, § 134. CHAPTER XLIV. DISTINCTION BETWEEN TOWN AND COUNTY POOR AND OTHER MIS- CELLANEOUS PROVISIONS RELATING TO THE POOR. SecTion 1. Boards of supervisors may abolish or revive distinction be- tween town and county poor. 2. Overseers to pay town poor moneys to county treasurer, within three months after notice of abolition of distinction between town and county poor. 3. Town poor money, invested, to be under control of overseer; may be applied to town expenses when distinction between town and county poor is abolished. 4. Poor persons owning property. 5. Reports of and accounts with benevolent institutions in which inmates are supported at county or town expense. 6. Report of superintendents of benevolent institutions to clerks of boards of supervisors. 7. Money raised by towns and counties for the care and support of inmates of charitable institutions. 8. Reports to clerk of board of supervisors of appointments and commitals to charitable institutions. 9. Reports by officers of certain institutions to clerks of super- visors and cities. 10. Verified accounts against counties, cities and towns. 11. Pauper, when not admitted to asylum. 12. Commitment to the “Shelter for Unprotected Girls” at Syra- cuse; board of supervisors to pay expenses of inmates. § 1. Boards of supervisors may abolish or revive distinction between town and county poor. The board of supervisors of any county may, at an annual meet- ing 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 continue 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 Town anp County Poor; MiscretLtanrous Provisions. 583 Poor Law, §§ 135, 136. 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 superintendent of the poor, to the board of super- visors, and shall be assessed, levied and collected the same as other county charges. [Poor Law (LZ. 1896, ch. 225), § 184; Heydecker’s Gen. L. (2d ed.), p. 2240. ] § 2. Overseers to pay town poor moneys to county treasurer, within three months after notice of abolition of distinction be- tween town and county poor. 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. over- seers, 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 overseers 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 obli- gation requiring the same to be paid to such overseers, and cred- ited 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 demand 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 (L. 1896, ch. 225), § 185; Heydecker’s Gen. L. (2d ed.), p. 2241. | § 3. Town poor money, invested, to be under control of over- seer; may be applied to town expenses when distinction between town and county poor is abolished. When any town shall have any money raised for the’ support of the poor, invested in the name of the overseers of the poor of 584 Reiser or Poor. Poor Law, § 57; L. 1880, ch. 347, §§ 1, 25 such town, such overseers shall continue to have the control thereof, and shall apply the interest arising therefrom to the support of the poor of their town, so long as such town shall be liable to sup- port 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 meeting called for that purpose, determine. [Poor Law (L. 1896, ch. 225), § 186; Heydecker’s Gen. L. (2d ed.), p. 2241. ] § 4. Poor persons owning property. If it shall at any time be ascertained that any person, who has been assisted by or received support from any town, city or county, has real or personal property, or if any such person shall die, leav- ing real or personal property, an action may be maintained in any court of competent jurisdiction, by the overseer of the poor of the town or city, or the superintendent of the poor of any county which has furnished or provided such assistance or support, or any part thereof, against such person or his or her estate, to recover such sums of money as may have been expended by their town, city or county in the assistance and support of such person during the period of ten years next preceding such discovery or death. [Poor Law, § 57, as inserted by L. 1901, ch. 664; Heydecker’s Gen. L. (2d ed.), p. 2220.] § 5. Reports of and accounts with benevolent institutions in which inmates are supported at county or town expense. Benevolent institutions; what are—HEach of the asylums, re formatories, homes, retreats, penitentiaries, jails, or other institu- tion 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 pur- poses of this act as one of the state benevolent institutions of the state. [L. 1880, ch. 347, § 1; Heydecker’s Gen. L. (2d ed.), p. 4707. ] Reports by committing officer—It shall be the duty of every judge, justice, superintendent of the poor, overseer of the poor, supervisor, or other person, who by law is authorized to make commitments or appointments to any of the state benevolent insti- tutions 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 Town anp County Poor; Misceriangous Provisions. 585 L. 1880, ch. 347, §§ 3, 4, 5. ‘which any town is so liable for the board, instruction, care, or clothing mentioned in section one of this acti; said report shall be made within ten days after making such commitmenti or ap- pointment, 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. [Idem, § 2.] Reports by officers of institution.—It shall be the duty of the keeper, 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 institu- tions mentioned in section one of this act, whose board, care, in- struction, 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. [Idem, § 3.] Death, removal or discharge of occupants to be reported.—In case of the death, removal 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 report to the clerk of the board of supervisors of the respective county the date of such death, removal or discharge. [Idem, § 4.] Sworn statement of accounts.—It shall be the duty of the offi- cers 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 insti- tution, with such county or town, up to 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 shall show what sum has been so paid, and accompanying 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 586 Rewrer oF Poor. L. 1880, ch. 347, §§ 6, 7, 8, 9; L. 1876, ch. 54. 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, and if no part of such account has been paid by any person or persons, the report shall show such fact, duly verified. [Idem, § 5, as amended by L. 1881, ch. 273.] Penalty for neglect.—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 ser- vices, salary or otherwise, from any town or county to which he is required to make such report. [Idem, § 6.] Report to be filed—The clerk of the board of supervisors who shall receive any report or account in pursuance of the provisions of this act shall carefully file the same and present the same to the respective boards of supervisors on the second day of the annual meeting of the board next succeeding the receipt of the same. | Idem, § 7.] Poor-houses exempt.—The poor-houses in the several counties of this state are hereby exempted from the provisions of this act. [Idem, § 8.] Kings county exempt.—Nothing in this act contained shall be held to apply to the county of Kings. [Jdem, § 9.] § 6. Report of superintendents of benevolent institutions to clerks of boards of supervisors. It shall be the duty of the superintendent, warden or other proper officer in charge of each of the benevolent institutions of this state, in which are persons whose maintenance, treatment, tuition or clothing is a charge against any county of this state, to make a re- port on or before the fifteenth day of September, in each year, to the clerk of the board of supervisors of the county to which such maintenance, treatment, tuition or clothing is chargeable, which report shall show the name, age, sex, color and nationality of every person in such institution, chargeable to such county; also, when each person was received into such institution, from what town sent, for what term received, to what time the expense of each such person has been paid, and the amount chargeable to such county for each such person for the ensuing year, which report shall be verified by the oath or affirmation of the person making the same. [Z. 1876, ch. 54; Heydecker’s Gen. L. (2d ed.), p. 4706.] Town anp County Poor; Miscerzanxous Provisions. 587 L. 1895, ch. 754, § 1; State Charities Law, §§ 45, 46. § 7. Money raised by towns and counties for the care and sup- port of inmates of charitable institutions. Boards of estimate and apportionment, con-mon councils, boards of aldermen, boards of supervisors, town boards, boards of trustees of villages, and all other boards or officers of counties, cities, town 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 chari- table, eleemosynary, correctional and reformatory institutions wholly or partly under private control, for the care, support and maintenance of their inmates, of the moneys which are or may be appropriated therefor; such payments to be made only for such inmates as are received and retained therein pursuant to rules established by the state board of charities. [Z. 1895, ch. 754, § 1] § 8. Reports to clerx of board of supervisors of appointments and commitals to charitable institutions. Every judge, justice, superintendent or overseer of the poor, supervisor or other person who is authorized by law to make ap- pointments or commitments to any state charitable institution, except alms-houses, in which the board, instruction, care or cloth- ing 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, instruc- tion, care or clothing, within ten days after such appointment 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 commitment. [State Charities Law (L. 1896, ch. 546), § 45; Heydecker’s Gen. LL. .(2d ed.), p. 2114. ] § 9. Reports by officers of certain institutions to clerks of supervisors and cities. The keeper, superintendent, secretary, director or other proper officer of a state charitable institution to which any person is com- mitted or appointed, whose board, care, instruction, tuition or clothing shall be chargeable to any city, town or county, shall 588 Retier oF Poor. State Charities Law, § 47. make a written report to the clerk of such city or to the clerk of the board of supervisors of the county, or of the county in which such town is situated, within ten days after receiving such per- son therein. Such report shall state when such person was re- ceived into the institution, and, when known, the name, age, sex, nationality, residence, length of time of commitment or appoint- ment, the name of the officer making the same, and the sum charge- able per week, month or year for such person. If any person so appointed or committed to any such institution shall die, be re moved or discharged, such officers shall immediately report to the clerk of the board of supervisors of the county, or of the county in which such town is situated, or to the city clerk of the city from which such person was committed or appointed, the date of such death, removal or discharge. [State Charities Law (L. 1896, ch. 546), § 46; Heydecker’s Gen. L. (2d ed.), p. 2114. ] § 10. Verified accounts against counties, ‘cities and towns. The officers mentioned in the last section shall annually, on or before the fifteenth day of October, present to the clerk of the board of supervisors of the county, or of the county in which such town is situated, or to the city clerk of a city from which any such person is committed and appointed, a verified report and statement of the account of such institution with such county, town or city, up to the first day of October, and in case of a claim for clothing, an itemized statement of the same; and if a part of the board, care, tuition or clothing has been paid by any person or persons, the account shall show what sum has been so paid; and the report shall show the name, age, sex, nationality and residence of each person mentioned in the account, the name of the officer who made the appointment or commitment, and the date and length of the same, and the time to which the account has been paid, and the amount claimed to such first day of October, the sum per week or per annum charged, and if no part of such ac- count has been paid, the report shall show such fact. Any officer who shall refuse or neglect to make such report shall not be entitled to receive any compensation or pay for any services, salary or otherwise, from any town, city or county affected thereby. The elerk of the board of supervisors who shall receive any such report or account shall file and present the same to the board of super- visors of his county on the second day of the annual meeting of the board next after the receipt of the same. [State Charities Town anp County Poor; Miscettanzous Provisions. 589 L. 1880, ch. 549, § 1; L. 1881, ch. 218, § 1. Law (L. 1896, ch. 546), § 47; Heydecker’s Gen. L. (2d ed.), p.. 2114.] § 11. Pauper, when not admitted to asylum. Hereafter no pauper who has not resided within the state for at least one year next prior to application for his or her admission into any state asylum for the idiotic, blind, insane, or deaf and dumb, shall be admitted as an inmate therein. [Z. 1880, ch. 549, extract from § 1, p. 798.] § 12. Commitment to the “ Shelter for Unprotected Girls” at Syracuse; boards of supervisors to pay expenses of inmates. Any magistrate within the fifth, sixth, seventh or eighth judicial district may commit girls under the age of eighteen years, of Protestant faith or parentage, who may be committed under the provisions of sections 291 and 292 of the Penal Code, or as vagrants or on any conviction of misdemeanor, to the Shelter for Unprotected Girls at Syracuse. [Z. 1881, ch. 218, § 1.] It is also provided in section 8 of such act, as amended by L. 1887, ch. 313, and L. 1893, ch. 53, that “ Each board of super- visors of the several counties within the fifth, sixth, seventh and eighth judicial districts of thiy state, is hereby authorized and directed to audit the bills for boarding any inmate of said institu- tion 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.” PART VII. Hieuways anp Bringts. CHAPTER XLV. HIGHWAY COMMISSIONERS AND OVERSEERS ; GENERAL POWERS AND SECTION DUTIES. 1. When more than one highway commissioner, one to be desig- nated as treasurer. 2. Powers of one commissioner. 3. Division of town into highway commissioner districts; notice to be published. 4. Duties of commissioners when town is divided into highway commissioner districts. 5. General powers and duties of highway commissioner. 6 7 . Commissioners to cause mile-stones and guide-boards to be erected; guide-boards, what to designate. . Turnpike companies to erect mile-stones and guide-posts. 8. Commissioner may purchase scraper and plow; upon petition of 9 taxpayers of highway district to purchase road machine; tax for payment of machine; list of taxpayers chargeable to be returned by commissioner; custody of machines. . When commissioner and town board may purchase stone crusher; purchase of material. 10. Stone crushers, custody of. 11. Overseer of highways, with consent of commissioner and ap- proval of town board, may acquire gravel beds; acquisition of, by condemnation; payment of expenses; termination of right. 12. Commissioner may cause vote to be taken as to raising addi- tional tax for highway purposes. 13. Commissioner may, in certain cases, expend more than sum raised, in repair of highways and bridges. 14, Extraordinary repairs, special session of the town board to audit claims on account of. 15. Damages for change of grade; claim for damages to be pre- sented to town board; determination of damages. 16. Highway accounts; commissioner’s certificate to be attached. 17. Upon complaint, commissioner to examine toll bridge; notice to owners to repair; repairs to be made immediately; penalty for neglect. (591) 592 Hieguways anp Bripcss. Highway Law, § 2. SecTton 18. Commissioners may consent to laying drainage, sewer and water pipes in highways; application therefor; contents of consent. 19, Commissioners may maintain actions on account of injuries to highways. 20. Liability of towns for defective highways. 21, Action by town against commissioner if defect was caused by his negligence. 22. Town board to audit claim for damages caused by defective highway or bridge; audit of unpaid judgment. 23. Commissioners to report to town board; contents of report; statement of improvements and estimated cost thereof. 24, Expenditure of money voted at town meeting for wire fencing to prevent snow blockade; duties of commissioners of highways. 25. Overseers of highways, general duties of; weeds to be cut down; stones to be removed. 26. Opening of highways obstructed by snow or otherwise, when highway labor has been worked; overseer may call out per- sons; penalty for failure to respond. 27. Penalties for failure of overseer to perform duties. 28. Commissioner to prosecute overseers for penalties; costs and expenses a town charge; penalty for failure of commissioner to prosecute. 29. Compensation of overseers, § 1. When more than one highway commissioner, one to be designated as treasurer. 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 money 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 un- dertaking, to be approved by the supervisor, to the effect that he will faithfully account and pay over to any officer or person en- titled thereto, any money that may come into his hands as such treasurer. [Highway Law (L. 1890, ch. 568), § 2; Heydecker’s Gen. L. (2d ed.), p. 1301.] 1. Undertaking. Each commissioner of highways is required to execute an undertaking for the faithful performance of his duties and a proper accounting of all moneys that shall come into his hands. See Town Law, sec. 63, ante, p. 261. For form of undertaking, see Form No. 22, post. Hiegoway CoMMISSIONERS AND OVERSEERS. 593 Highway Law, §§ 3, 25. § 2. Powers of one commissioner. When any town has but one commissioner of highways, the term, commissioners of highways, when used in this chapter, shall mean such one commissioner. [Highway Law (L. 1890, ch. 568), § 3; Heydecker’s Gen. L, (2d ed.), p. 1801.] § 3. Division of town into highway commissioner districts; notice to be published. When a town has determined upon having two or three commis- sioners of highways, the town board may at a regular or special meeting thereof divide the town into two or three highway com- 2. Number of highway commissioners. The electors of a town ata biennial town meeting may determine by ballot whether there shall be one, two or three highway commissioners. See Town Law, sec. 15, ante, p. 235. Such section also provides that “when there shall be but one commissioner of highways in any town, he shall possess all the powers and discharge all the duties of commissioners of highways as prescribed by statute.” The election of highway commissioners is regulated by sec. 12 of the Town Law, ante, p. 227; and their terms of office are prescribed by sec. 13 of such law. See ante, p. 228. Where a town is divided into highway com- sioner districts, one commissioner is to reside in each district. See High- way Law, sec. 25, post, p. 593. References. Commissioners of highways act with the assessors as fence viewers of the town. See Town Law, sec. 21, ante, p. 447. As to their powers and duties as fence viewers, see Town Law, secs. 100-108, ante, p. 448. Eligibility of commissioners. See Town Law, sec. 50, ante, p. 254. Oath of office, form of, and when and how to be taken. See Town Law, sec. 51; Public Officers Law, sec. 10, ante, p. 256. Effect of failure to take oath. See Public Officers Law, sec. 13, ante, p. 257. For form of oath of office, see Form No. 6, post. Undertaking of commissioner of highways to be executed. See Town Law, sec. 63, ante, p. 261. Liabilities of sureties on undertaking. See Town Law, sec. 66, ante, p. 266. Effect of undertaking. See Public Officers Law, sec, 12, ante, p. 268. Effect of failure to execute. See Public Officers Law, sec. 13, ante, p. 257. Resignation of commissioners may be date to any three justices of the peace, see Town Law, sec. 64, ante, p. 269; and should be filed with the town clerk. See Public Officers Law, sec. 21, ante, p. 270. Removal of commissioners by Appellate Division of the Supreme Court. See Public Officers Law, sec. 25a, ante, p. 270. Vacancies, how created, see Public Officers Law, sec. 20, ante, p. 270; how filled, see Town Law, sec. 65, ante, p. 271. Delivery of books and papers by outgoing commissioners, see Town Law, sec, 84, ante, p. 281; proceedings to compel delivery of books and papers, see Code Civ. Proc., sec. 2471a, ante, p. 282. 38 594 : Hieuwayrs anp Bripges.. Highway Law, §§ 26, 4. missioner districts as the case may be, and assign one of such dis- tricts to each commissioner of highways. Notice of such division, containing a brief and accurate description of the boundaries of each district and the name of the commissioner assigned thereto, shall be published once a week for two successive weeks in a news- paper published in such town, or if no newspaper be published therein, such notice shall be posted in at least six conspicuous places in such town.’ After a town is divided, the commissioners shall be elected or appointed, so that at all times one commissioner shall reside in each district. [Highway Law (L. 1890, ch. 568), § 25, as added by L. 1898, ch. 127, as amended by L. 1903, ch. 57; Heydecker’s Gen. L. (2d ed.), p. 1812. ] § 4. Duties of commissioners when town is divided into high- way commissioner districts. When a town is so divided, the commissioners shall apportion to each district the moneys raised and collected from the town at large for highway purposes and the commissioner assigned to or residing in a district shall expend the money so apportioned to his district upon the highways and bridges situated in or upon the borders thereof. Each commissioner shall caused the high- ways and bridges in his district to be kept in repair, and shall perform all the duties relating thereto, which the commissioners of highways of the town, except for such division, would perform. His powers and duties as to the supervision, repair, construction and improvements of the highways and bridges within his district shall be exclusive. As to all other powers and duties he shall act in conjunction with the other commissioners. [Highway Law (L. 1890, ch. 568), § 26, as added by L. 1898, ch. 127; Heydeck- er’s Gen. L. (2d ed.), p. 1813. ] § 5. General powers and duties of highway. commissioner. The commissioners of highways in the several towns, shall have the care and superintendence of the highways and bridges therein, except as otherwise specially provided in relation to incorporated villages, cities and other localities; and they shall 1. Repairs——Cause such highways and bridges to be kept in repair, and give the necessary directions therefor, and shall in- spect the highways and bridges in each highway district between the first and fifteenth day of September in each year, or at such 3. For form of notice of division of town into highway districts, see Form No. 88, post. Hicguway CoMMISSIONERS AND OVERSEERS. 595; Highway Law, § 4. other time as the board of supervisors by resdlution may prescribe." If it appears to him upon such inspection that the labor assessed in any highway district has not been entirely performed therein, ; he shall transmit a statement to the supervisor of his town con- taining the number of days’ labor which in his opinion have not’ been performed in such district, and a list of all persons and cor- porations owning property therein, and the number of days of labor still to be performed by such persons and corporations. A notice of the transmission of such statement and of the day and place where the persons assessed for highway labor in such district may be heard before such supervisor, shall be posted in at least three conspicuous places in the road district affected by such state- ment.’ On the day and at the place specified in such notice, the supervisor shall hear all persons interested in the performance of labor on the highways in such district. After such hearing, the supervisor shall correct such list in accordance with the testimony and facts as they appear to him and shall make return thereof to the board of supervisors in the same manner as unpaid taxes and unperformed labor are returned by the town board to the board. of supervisors. The board of supervisors at its annual meeting in each year, shall cause the amount of arrearages for highway labor contained in such lists, estimating each day’s labor at one dollar and fifty cents a day, to be collected from the property of 4. Repair of highways. The powers of highway commissioners as to the repair of highways is discretionary; there is no absolute and imperative duty to repair imposed upon the commissioners. Peck v. Batavia, 32 Barb. 641. Because the statute imposes upon overseers of highways the duty of keep- ing them in repair,.the commissioners are not therefore relieved from that duty and from giving the requisite directions to the overseers. They must. also use reasonable diligence to see that their directions are observed. Bartlett v. Crozier, 17 Johns. 437; Farman v. Town of Ellington, 46 Hun, 41; Bryant v. Town of Randolph, 44 N. Y. St. Rep. 86. In the administration of the highway system the commissioner of highways is an independent public officer, exercising public power and. charged with public duties, specially prescribed by law. While acting in that capacity, by virtue of powers conferred by statute, he proceeds inde- pendently of any direction on the part of the town. On the other hand, he is without power to represent or affect the rights of the town in any other manner than prescribed by statute. Flynn v. Hurd, 118 N. Y. 19, 27; 22 N. E. 1109. 5. For forms of statement of commissioner to supervisor, containing number of days labor which have been performed in a highway district, and’ of notice of the transmission of such statement, see Forms Nos. 89, 90, post, 596 Hieguways anp Bringes. Highway Law, § 4. the person or corporation specified in such list, in the same man- ner as arrearages for unperformed labor. [Amended by L. 1901, ch. 437, and L. 1902, ch. 75.] 2. Description of highways.—Cause such highways as shall have been laid out, but not sufficiently described, and such as shall have been used for twenty years, but not recorded, to be ascer- tained, described and entered of record in the town clerk’s office." 3. Highway districts—From time to time, not oftener than once a year, divide the town into so many highway districts as they shall judge convenient, by writing, under their hands, to be filed with the town clerk, and by him to be entered in the town book, at least ten days before an annual town meeting. A terri- tory not exceeding one square mile, containing a population of not less than one hundred and fifty, and not including a part of a city or village, may be established as a separate highway district in the following manner: A verified petition of two-thirds of the electors of such territory representing two-thirds of the taxable property therein and describing the territory, may be presented to the highway commissioner at least twenty days before the annual town meeting. The petition shall state the population of the pro- posed district, and the taxable persons and property as appears by the last preceding assessment-roll of the town. A farm or lot shall not be divided in the formation of such district. ‘Within ten days after the presentation of such a petition, the highway commissioner shall establish the district in the manner above re- 6. Highways by use. Highways which have been used as such for a period of twenty years or more become public highways. See Highway Law, sec. 100, post, p. 679. Certificate of commissoners as defense. Where the commissioners of highways have ascertained and described a road under this subdivision, their certificate is not a defense to an action against an overseer of highways for trespass, where such certificate did not purport to be based either upon a record or upon an adjudication of user for twenty years; and proof is ad- missible on behalf of the plaintiff that the road was not a public highway by use or by dedication. Kelsey v. Burgess, 12 N. Y. Supp. 169. The location of a highway cannot be changed by the highway commis- sioner under the authority conferred by this subdivision, See James v. Sammis, 132 N. Y. 239; 30 N. E. 502; Ivory v. Town of Deerpark, 116 N. Y. 476; 22 N. E. 1080; Snyder v. Plass, 28 N. Y. 465. Where, however, there appears on the face of an order made by a commissioner describing such highway and having more than a description of the old highway, the record of the order is competent evidence upon the question of its location and width, Ivory v. Town of Deerpark, 116 N. Y. 476; 22 N. E, 1080. Higuway ComMMISSIONERS AND OVERSEERS. 597 Highway Law, § 4. uired for other highway districts. The highway district so es- tblished shall not be abolished, except upon the petition or written sent of two-thirds of the electors representing two-thirds of the ixable property of the district. The highway commissioner may tend the highway district, so established, not more than half a tile in any direction, and if it is so extended an order shall be rtered accordingly. [Thus amended by L. 1897, ch. 782.] 4, Taxable inhabitants—Assign to each of the highway dis- ‘cts such, of the inhabitants and corporations liable to work on “highways, as they shall think proper, having regard to proximity of residence as much as may be." 5. Appointment of overseer.—On the fifteenth day of April of each year, make and file with the town clerk a written appoint- ment of a resident of each district to be overseer of highways therein. The town clerk shall notify each overseer of his appoint- ment within ten days after the filing thereof, and the person so appointed and notified shall thereupon become and be the over- seer of highways within his district for one year, and until his successor shall be appointed. If any person so appointed over- seer, shall refuse to serve, or his office shall become vacant, the commissioners shall in like manner appoint some other person to be overseer. The board of supervisors of any county may, by resolution, adopted at an annual meeting of such board, fix an- other time when the appointment of such overseers of highways shall be made in that county. [Amended by L. 1900, ch. 399, and [. 1901, ch. 125.] 6. Overseers to warn taxpayers.—Require overseers of high- ways to warn all persons and corporations assessed to work on highways, to come and work thereon, with such teams and imple- ments, and at such times as the said commissioners, or any one of them shall direct.’ 7. List of taxable inhabitants is to be filed by overseers in the office of the town clerk and delivered by the town clerk to the commissioners. See Highway Law, sec. 31, post, p. 624. As to assessment of labor on highways, see Highway Law, sec. 33, post, p. 625. 8. Penalty for refusal to serve. If any person chosen or appointed to the office of overseer of highways shall refuse to serve, he shall forfeit to on the highways. See Highway Law, secs. 60, 61, post, p. 647. 9. Warning to work. It is made the duty of overseers to give notice to resident taxpayers and to agents of corporations and nonresidents to work on the highways. See Highway Law, secs. 60, 61, post, p. 598 ; Hiauways anp Brivces. Highway Law, § 4. - %. Moneys, how expended.—Expend all moneys raised and col- Jected. from the town at large for highway purposes, upon the ‘highways and bridges situated in, or upon the borders of the town, or highway districts assigned to the town in which such moneys -were raised and collected, in such proportion as they may deem just and proper.” 8. Entry upon adjoining lands; assessment of damages.—Have ‘power to enter upon the lands of any person adjoining any of the rivers, streams or creeks of the state, drive spiles, throw up em- bankments, and perform such other labor as may be necessary upon the banks of such rivers, streams or creeks for the purpose of keeping them or any of them within their proper channels. and preventing their encroachment upon any of the highways of the state; also to enter upon any lands adjoining any highway and which lands during the spring freshets or any time of high water, are subject to overflow from such rivers, streams or creeks, and to remove or change the position of any femce or other obstruction which prevents the free flow of water under or through any high: way, bridge or culvert whenever the same may be necessary for the protection of any highway, and to protect such highways and the property of the town from damages by reason of such rivers, streams or creeks washing away their embankments, or changing 10. Payment of taxes to commissioner. The tax warrant of a town collector requires him to pay to the commissioner of highways of the town such sum as shall have been raised for the support of highways and bridges therein. See Tax Law, sec. 56, ante, p. 403. -Powers of commissioner as to expenditure of moneys. This sub- division vests in the commissioner the expenditure of all moneys raised generally for highway purposes. His power in disposing of such moneys ‘is discretionary, but must be reasonably exercised. Ivory v. Town of Deer- park, 116 N. Y. 476; 22 N. E. 1080. The authority of commissioners to construct and maintain highways and bridges is co-ordinate with the means furnished for such purpose; the com- missioner has no express or implied authority to incur any debt or obliga- ‘tion on the part of the town for such a purpose. People ex rel. Everett v. Supervisors, 93 N. Y. 397. A commissioner cannot borrow money or give ‘a promissory note and thereby bind his successors in office. Van Alstyne v. Freday, 41 N. Y¥. 174. In the case of People ex rel. Bowles v. Burrell, 14 Misc. 217; 35 N. Y. Supp. 608, it was held that a highway commissioner has no power to pledge the credit of the town for material to be raised in the repair of roads and bridges, notwithstanding a local custom to do so. He cannot bind a town by an executory contract unless expressly authorized by statute. People ex rel. Bevans v. Supervisors, 82 Hun, 298; 31 N. Y. Supp. 248. saa Higuway CoMMISSIONERS AND OVERSEERS. 599 : . - Highway Law, § 5. the location of the channels, and to agree with the owner of any such lands upon the amount of damages, if any, sustained by him in consequence of such entry upon his lands and the performance of the work herein authorized, and the amount of the damages so agreed upon shall be a town charge and shall be audited and paid in the same manner as other town charges. If the commissioners are unable to agree with such owner upon the amount of damages thus sustained, the amount thereof shall be ascertained and deter- mined and paid in the same manner as damages for the laying out and opening of highways are required by law to be ascertained; determined .and paid, where the commissioners and land owner are unable to agree upon the amount thereof. 9. Require overseers of highways to inspect the highways ia bridges in their respective districts before May first, and, within five days thereafter, to report in writing to the commissioners such repairs as they deem necessary. Within twenty days after the receipt of such reports, the commissioners of highways shall personally inspect: such highways and bridges in the town as are reported to be in need of repairs and shall, so far as practicable; personally superintend the repair thereof. [Highway Law (L. 1890, ch. 568), § 4, as amended by L. 1899, ch. 344; sub. 9 added by L. 1901, ch. 129; Heydecker’s Gen. L. (2d ed.), p. 1801.] § 6. Commissioners to cause mile-stones and guide-boards to be erected; guide-boards, what to designate. Commissioners of highways may cause mile-boards or stones to be erected upon the highways in their town as they think proper; they shall also cause guide-posts, with proper inscriptions and devices, to be erected at the intersectings of such highways therein, as they may deem necessary, which shall be kept: in repair at the expense of the town, by the overseers of the highways of the dis- tricts in which they are respectively located. Upon the written application of five resident taxpayers of any town or twenty resi- * dent taxpayers of the county in which any such town is located to the commissioners of highways, requesting the erection of one or more guide-boards at the intersection of highways in such town, the commissioner of highways shall cause to be erected at the intersections mentioned in such application such guide-boards, indicating the direction, distances and names of the towns, vil- lages or cities to or through which such intersecting highways run. Such application shall designate the highway intersections 600 HiaHways AND BRIDGES. Transportation Corporations Law, § 136. at which such guide-boards are requested to be erected and may contain suggestions as to the inscriptions and devices to be placed upon such boards. The cost of the erection and maintenance of such boards shall be a town charge. If the commissioner of high- ways refuses or neglects for a period of sixty days after receiving within application to comply with the request contained in such application, he shall for such neglect or refusal forfeit to the town the sum of twenty-five dollars to be recovered by the supervisor in the name of the town, and the amount so recovered shall be set apart for the erection of such guideboards.” [Highway Law (L. 1890, ch. 568), § 5, as amended by L. 1895, ch. 330; Hey- decker’s Gen. L. (2d ed.), p. 1303. ] § 7. Turnpike companies to erect mile-stones and guide-posts. A mile-stone or post shall be erected and maintained by every such corporation on each mile of its road, on which shall be fairly and legibly marked or inscribed the distance of such stone or post from the place of commencement of the road, and when the road shall commence at the end of any other road having mile-stones or posts on which the distance from any city or town is marked, a continuation of that distance shall in like manner be inscribed. A guide-post shall also be erected at the intersection of every public road leading into or from every turnpike or plank-road, on which shall be inscribed the name of the place to which such intersecting road leads in the direction to which the name on the guide-post shall point. No plank-road or turnpike corporation shall erect or put up any hoist gate on its road. Any person who shall wilfully break, cut down, deface or injure any mile-stone, post or gate on such road, or dig up, or injure any part of the road, or anything belonging thereto, shall forfeit to the corporation twenty-five dollars for every offense, in addition to the damages resulting from the act. [Transportation Corporations Law (L. 1890, ch. 566), § 186; Heydecker’s Gen. L. (2d ed.), p. 3486. ] 11. Injuries to mile stones and guide boards. Whoever shall in- jure, deface or destroy any mile stone or guide post erected on any highway shall for each offense forfeit treble damages. See Highway Law, sec. 153, post, p. 686. And it is provided in the Penal Code, sec. 639, sub. 6, that a person who wilfully or maliciously displaces, removes, injures or destroys a mile board, mile stone, or guide post, erected upon a highway, or any inscription upon the same, is punishable by imprisonment for not more than two years. See post, p. 687. Higuoway CoMMISSIONERS AND OVERSEERS. 601 Highway Law, § 6. § 8. Commissioners may purchase scraper and plow; upon petition of taxpayers of highway district to purchase road machine; tax for payment of machine; list of taxpayers charge- able to be returned by commissioner; custody of machines. Commissioners of highways may, upon the request of one or more overseers of the highway districts of their town, contract for and purchase for such district or districts, upon credit or other- wise, a good and sufficient scraper and plow, or either of them, and if a majority of the taxpayers of one or more highway dis- tricts in any town, representing more than one-half of the taxable property in such district or in each of such districts, to be ascer- tained by the last preceding assessment-roll and certified to as such by the town clerk of the town, petition the commissioner or commissioners of highways of such town therefor, such commis- sioners may together with the supervisor and overseer or over- seers of such district or districts, contract for and purchase upon credit or otherwise, a road machine for the use of such district or districts, which implements shall be used, cared for and owned by such district or districts jointly. Such implements shall be paid for out of the highway tax of the district or districts for which they are purchased, and may be paid for in annual install- ments, not exceeding five. If purchased for more than one dis- trict the amount paid by each shall be in proportion to the amount of highway tax; a copy of the note or contract issued upon the pur- chase of such implements, shall be filed in the office of the town clerk of the town in which such town or road district is situated, and it shall be the duty of said town clerk to present a statement of the sum due thereon to the town board at each annual meeting thereafter for the audit of town charges, and the town board shall audit such sum and certify the same to the board of supervisors of the county. Not more than one-half of the highway tax of any district shall be applied in payment therefor, in any one year. The portion of such tax so applied, shall be required to be paid in money, and be assessed and levied upon the property of such district or districts, and collected in the same manner as other town charges are assessed, levied and collected, except that the amount thereof shall be put in a separate column upon the tax roll, and the board of supervisors of the county. shall cause the sum certified by the town board, to be levied upon the taxable property of such highway district. Such commissioner of high- 602 Hicguways anp Bringss. Highway Law; § 6. ways shall with the assistance of the. overseers of highways, in any road district which is to be charged with the payment for such machine after the completion of the assessment-roll,. and ten- days before the meeting of the board of supervisors of the county, make and deliver to the supervisors of such town a list of the persons in such district or districts who are named in the last assessment-roll of the town and chargeable with the payment of a tax for such machine.” The commissioner or commissioners of highways may, also, with the approval of the town board, pur- chase and hold for the use of the town at large, one or more road machines, and pay for the same with money appropriated and set apart for highway purposes. It shall be the duty of the com- missioner or commissioners of highways of each town to keep the road machines belonging to such town, or any road district or districts in such town in repair, if such repairs are reasonable, and pay the expenses thereof out of the general highway funds of the town, and also to provide suitable place for housing and storage of all tools, implements and machinery that are owned by the town or by the several highway districts and cause these tools and implements and machinery to be stored therein wlfen not in use. When such repairs upon any road machine belong- ing to any road district or districts shall exceed the sum of eight dollars in any one year, such expense shall be assessed and levied upon the property of such districts in the same manner as above provided for the collection of the purchase money of said ma- chines, and when collected shall be paid to the commissioner or commissioners of highways of said town. [Highway Law (L. 1890, ch. 568), § 6, as amended by L. 1898, ch. 155; Heydecker’s Gen. L. (2d ed.), p. 1804.] 12. Mandamus to compel commissioner to perform duty. Where a road machine is purchased upon the petition of the taxpayers pursuant to the above section, the vendor of the machine is entitled to a peremptory writ of mandamus requiring the commissioner of highways and the overseers of highways in the district to make and deliver to the supervisor the list of ‘persons named in the assessment-roll who are chargeable with the payment of the tax for such machine. On an application for such writ the commis- sioner cannot raise the question whether the taxpayers upon whose petition the machine was purchased constituted a majority of the taxpayers of the district representing more than one-half of the taxable property therein, where such fact is recited in the petition and is certified to by the town clerk as required by the statute. People ex rel. Climax Road Machine Co. v. Commissioner, 48 App. Div. 550; 62 N. Y. Supp. 993. Higuway CoMMISSIONERS AND OVERSEERS. 603° . Highway Law, §§ 7, 8. - §°g. When commissioner and town board may purchase stone -erusher; purchase of material. The town board and commissioner. or commissioners of i: ways of any town may, when authorized by a majority vote of .the electors voting thereon, by ballot, at the annual or at a special .town meeting, purchase a machine for crushing stone, a suitable ‘roller, and such other machinery as may be necessary to be used, ‘under the direction of the commissioner or commissioners of high- ways of said town, for the improvement of the highways thereof, ‘and the commissioners of highways of any such town may, in any year, when authorized by a majority vote of the electors voting ‘thereon, by ballot, at the annual or at a special town meeting expend ‘in said year a sum not exceeding two thousand dollars, for the pur- ‘pose of purchasing stone, and - quarrying, breaking, crushing and ‘placing the same on the highways, in such road district or districts ‘as the town board may direct and defraying the expenses of operat- ing such machine, and shall present the account and vouchers for said purchases and expenses to the town board for audit, and the amount audited, together with the cost of such stone-crushing machine, when not before included, shall be levied and collected as other town audits.” [Highway Law (L. 1890, ch. 568), § 7, as amended by L. 1895, ch. 411, and L. 1902, ch. 129; Heydeck- ‘ers Gen. L. (2d ed.), p. 1305.] § zo. Stone crushers, custody of. Such machine, when purchased, shall be under the care and ‘custody of the commissioners of highways of the town; and where .there is an incorporated village constituting a separate highway district, in any town, they may, by an agreement with the trus- tees of the village, permit an equitable use of the machine to such “separate village district. [Highway Law (L. 1890, ch. 568), § 8; Heydecker’s Gen. L. (2d ed.), p. 1306.] _ 13. As to acquisition of gravel beds by purchase or condemnation, see L. 1891, ch. 309, post, p. 604. By L. 1895, ch. 499 (see post, p. 766), the commissioners of highways and , the town board of a town of less than one thousand inhabitants adjoining _& city having not less than thirty-five thousand inhabitants are authorized ‘to expend a sum in addition to the amount authorized by the above section ‘for the. purchase of crushed stone. 604 Hieuways and Broees. L. 1891, ch. 309, §§ 1, 2. § 11. Overseer of highways, with consent of commissioner and approval of town board, may acquire gravel beds; acquisi- tion of, by condemnation; payment of expenses; termination of right. 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 cubic yard approved by said commissioners and town board. If such overseer cannot agree with any such owner for the purchase of such gravel, the over- seer, 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 common; and if acquired for two or more or all of the districts, the com- missioners 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 incurred 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. If the town shall abandon for the period of three years any right so acquired to use any graved 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 highways of the town shall cease to use the 14. Condemnation proceedings are instituted in accordance with the Condemnation Law, constituting ch. 23, secs. 3357-3397, of the Code of Civ. Proc. Higuway. CoMMISSIONERS AND OVERSEERS, 605 Highway Law, § 9. 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. [Z. 1891, ch. 309, §§ 1, 2; Heydecker’s Gen. L. (2d ed.), p. 4511.] § 12. Commissioner may cause vote to be taken as to raising additional tax for highway purposes. Whenever the commissioners of highways of any town shall determine, that the sum of five hundred dollars will be insufficient to pay the expenses actually necessary for the improvement of highways and bridges, they may cause a vote to be taken by ballot at any town meeting, to be duly called, authorizing such addi- tional sum to be raised as they may deem necessary for such purpose, not exceeding one-third of one per centum upon the tax- able property of the town, as shown by the last assessment-roll thereof.” [Highway Law (L. 1890, ch. 568), § 9; Heydecker’s Gen. L. (2d ed.), p. 1306. ] 15. Submission of proposition. All votes upon propositions to raise money for a town purpose exceeding the sum of $500 must be by ballot, Town Law, sec. 31, ante, p. 207. A special town meeting may be held upon the application of a commissioner of highways for the purpose of voting upon the question of raising money for the construction and maintenance of a town bridge. Town Law,:sec. 23, ante, p. 200. ciccrse ces oape oar sevadanyoas mea iedahdrne means For sealing and marking every weight..................5-00- For sealing and marking liquid and dry measures for, each MEASUTC py, cons naisincen creas Sa Y Me ye ey nes He shall receive a reasonable compensation for making weights and measures conform with the standards in his possession [Domestic Commerce Law, § 16, ante, p. 953.] § 22. School commissioners. For annual salary of school commissioner to be paid by the state (Cons. School Law, tit. 5, § 7]...... 02... ccc e eee eee The board of supervisors may in certain cases increase the salary of a school commissioner, such increase to be paid by the county. [Idem, § 8.] For expenses of school commissioners each year to be paid by ThE: COUNEY ccs scene weer s eeiaes seme y s ie we § 23. Sheriffs. Fees generally: For service of a summons, or for serving or executing an order of arrest or any other mandate, for the service or execution of which no other fee is especially prescribed by law, for each PETSOMM, SCFVED, noisse sceudcane dgeestaiers suerevn ciadesbie ss msbtiaotie ed edeiin emienwiall For going and returning, each mile...............-------0-- ie For levying a warrant of attachment........... Roy fg bai augeangs (Additional compensation may be allowed in the discretion of the court.) For making and filing a description of real property or an in- ventory of personal property attached, for each folio........ For each necessary copy thereof, for each folio................ For copy of mandate, summons, complaint, affidavit or other paper served by him, for each folio Calendar fee ............... ready ch gay agen Sneo i mrarsi a vactnlad alah nt (But not more than $1.50 can be charged in one action.) For notifying jurors to attend writ of inquiry, to try the validity of a claim to personal property, etc., for eacli juror notified 969 $3 200 00 10 10 50 05 10 00 00 06 00 25 12 12 50 25 970 Provisions Renatine to Counties anp Towns. Fees generally— (continued ) : For attending a jury in such a case............ wities 4 rule Salts $2 00 For receiving and entering execution..............+++- pee eewé 50 For mileage upon an execution, for each mile, going..........- 10 For collecting money upon an execution, warrant of attach- ment, etc., on amount collected up to $250................24% per cent. On residue of amount..... 0.2... cece cece ee eee eee eee eens 2 per cent. (Additional compensation in certain cases is in the discretion of the court. Code Civ. Proc., § 3307, sub. 8.) For advertising sale of real or personal property by virtue of an execution, warrant of attachment, etc..........-0.ee ee eeeee 2 00 If it is stayed or settled before sale......... cece eee cere ences 1 00 For duplicate certificates of sale of real property on an execu- tion; per LOMO: 2 e5 ates heeded cigs Mee a iaraynew mes 4e Sema Goins ous te 25 For drawing and executing a conveyance of real property..... 2 00 (The sheriff is entitled to printing fees for publication of a notice of sale of real property.) For returning any mandate..............00 cece eee eee eee eens 12 For certified copy of an execution and the return of satisfae- tion) thereof geste sia ersieneiss wae mina aerate ee wae od eancae ns 25 For posting and publishing the notice of sale, selling and con- veying real property by virtue of or direction in a judgment, the like fees as for the same services upon an execution. But in an action to foreclose a mortgage the sheriff’s entire compensation cannot exceed ......... cece cece eee e eee enee 50 00 For taking a bond for the liberties of the jail...............4. 1 00 For taking any other bond or undertaking..................4- 50 For a certified copy of a bond or undertaking................. 25 For executing a mandate requiring him to put a person into possession of real property and removing the person in pos- ROBSON os Sei hie 4 anatecrerquatesncuaigin due Lentini eee wade gaa eA 1 50 For each person committed to prison in an action or special PLOCERMING® | sige cee ecowaia Wes dans gan Ganda ae en Oe oo 1 00 For attending before an officer for the purpose of surrendering a prisoner, or receiving into custody a prisoner surrendered in exoneration of bail... .... 0... cece cece cee te eee eee nee ‘ 1 00 For attending a view, for each day............-.ceeeeeeeeees ‘ 2 00 For traveling, going and returning, for each mile............. 08 For bringing up a prisoner upon a writ of habeas corpus...... 1 50 For traveling to and from the jail, each mile.................. 12 (And also his necessary expenses incurred because of such writ.) For any services which may be rendered by a constable, other than those herein specified, the same fees as a constable for like services. (See Fees of constables, ante.) For notifying constables to attend a court, for each constable notified - 6s sachs es cases sete seh ae os Rel Lee Ged GbR ei aae ene 50 For attending « term of court, which he is reauiead by law to attend, for each day [Code Civ. Proc., § 3307].............. 3 00 Frees or County anp Town OFFricers. Fees in proceedings for foreclosure of liens on vessels: For serving Warrant ....... 6. ccc cece ccc e ee eee nee eee eeene ROP HEtUT if: SAT Cio. areca acarecsnmtosneney toe ern ancanatate wuaecens Mol winaars Necessary sums paid by him for the expense of keeping the vessel in custody, not exceeding, per day [Code Civ. Proc., § 3439, as added by L. 1897, ch. 419]........... eee eee Fees in criminal proceedings. (County charges.) For every person committed to prison............ ccc cece eee For every prisoner discharged from prison................64.- For summoning a grand jury for a (court of oyer and terminer or general sessions), now Supreme Court or County Court... For serving a warrant or performing any other duty which may be performed by a constable, the same fees as are allowed by law to a constable for such service. (See Fees of con- stables, ante.) [R. &., pt. IV, ch. 2, tit. 8, § 1.] The fees herein allowed for services of sheriffs in criminal pro- ceedings are county charges and are to be audited by the board of supervisors of the county in which such services are rendered, and shall be paid in the same manner as are other contingent charges of the county. [Idem, § 12.] Fees for conveying convicts to state prison or penitentiary. (Charge- ~ able to state.) For conveying one convict to a state prison or penitentiary from, for each mile actually traveled.............0.cseeeee . For conveying two convicts, for each mile so traveled.......... For conveying three convicts, for each mile so traveled........ For conveying four or more convicts, for each mile so traveled, FOF EACH; CONVACE, is ccs sae ars wens doeuedinswed as ahoaeia maiden dnoelewslecgiincece For the maintenance of such convict while on the way to a state prison or penitentiary, per day..............eeeeeeeee But not exceeding for every thirty miles of travel [L. 1897, chy 128]. aveenssemn net ners tin eee eee The account, certified and attested as provided in the preceding section, shall be audited by the comptroller, and paid out of the treasury, unless otherwise provided. All the convicts who shall be sentenced to imprisonment in the same state prison, or to the same house of refuge, at one session of a criminal court, shall be transported at the same time, unless said court shall expressly direct otherwise. [L. 1847, ch. 497, §§ 4, 5.] § 24. Supervisors. a. As town officers. The following are town charges: Compensation for duties performed, generally, per day [Town Law, § 178, ante, p. 814]............00008. eGo ipa fintbiadsvecst wastes For each day’s services in the formation, alteration or dissolu- tion of school districts [Consolidated School Law, tit. 6, § 5, Ante, Pp. B81]... en eee e een ence create eee ten eeneneees 971 $1 00 1 00 2 50 37% 37% 10 00 20 35 40 12 1 00 1 00 2 00 1 50 972 Provisions Retatine to Counties anp Towns. a. As to town officers—(continued ) : For services as railroad commissioner, such sum as shall be fixed by the town board [L. 1889, ch. 402, § 5, ante, p. 937.] Supervisors can charge town for expenses necessarily incurred for the use of the town. [Town Law, § 180, sub. 2, anta, p- 812.] For list of special acts relating to the salaries of supervisors in certain counties, see ante, p. 14. b. As county officers. The following are county charges: Compensation while attending sessions of the board of super- visors and board of county canvassers, or while actually en- gaged in investigations or other duties committed to them by the board (except in the counties of Albany, Broome, Columbia, Erie, Montgomery, Niagara, Onieda, Onondaga, Rensselaer, Westchester and Richmond, in which counties provisions are made for compensation by special act), per day [County Law, § 23, @7t@), Po U2] ecc os neue dock BNO aE ele eee Hee Mileage for once going to and from plzce where session of board is held, per mile [County Law, § 23, ante, p. 12]...... Copying assessment rolls, as follows: For first 100 written lines, each line..............ee eee eueee For second 100 lines, each line........... 00. cee eee eee ee eens For each written line in excess of 200 [County Law, § 23, ante, Pe WY ariiccse ead ae ed ge RG GRE SA ERAT Aes OS 8 ties a Extending tax roll, for each line extended [County Law, § 23, BEE, Ps, MD aco sessed Spal, taeda a iieiee eli te ge ed aw Ge a Sana Supervisors while in attendance upon duties, five miles or more from the place of meeting of the board, are entitled to their actual expenses. [County Law, § 23, ante, p. 12.] § 25. Town clerks. The following are town charges: Compensation for services performed for the town, each day [Town Law, § 178, ante, p. 814]........ 2. cece eee ee eee For services performed in the formation, alteration or dissolu- tion of school districts, each day [Consolidated School Law, tit. 6, § 5, ante, p. 881] .... 2... c ccc cece eee c eee ee For election services, a sum to be fixed by the town board. [Election Law.] For each certified copy of jury list furnished to justices of the peace i i The town clerk may charge individuals as follows: Fees for filing each chattel mortgage and contract of condi- ional isale. sctee < cnyauss sawed Geaigd da cuia as Aee led a moe ve ele ie For entering the same............... 0.0 ccc eeec ec eeeeeeseeee For searching for each paper [Lien Law (L. 1897, ch. 418), §§ 94, 114] $4 00 08 03 02 01 Ol 06 06 06 Freres or Counry anp Town OFFICERS. 973 Fees— (continued) : For filing and entering bond of school tax collector, chargeable to school district [Consolidated School Law, tit. 7, § 80].... $0 25 For filing marriage certificates and contracts [Domestic Rela- tons LAW, So ansein.ondargananen tales ak ae aaelee meals hE 25 For certified copy thereof.............. PMTs Wee E MU SEE ee 10 Fees for records. Town clerks are required to search the files, papers, records and dockets of his office and make transcripts thereof upon demand, and are entitled to the same fees therefor as county clerks. [Code Civ. Proc., § 961.] For filing any paper deposited with him for safe keeping...... 06 For searching for a paper filed with him—for each paper neces- sarily opened and examined............... 000s ce eee eee eee 03 For a copy of an order, record or other paper entered or filed In his Offie, per L010. oi occas sew ce sweed wed es cede aman 08 For a certificate other than a paper for the copying of which he is entitled to a fee [Code Civ. Proc., § 3304]................ 25 Strayed animals. For recording notice, for each strayed animal [Town Law, § 121, ante, p. 455].................4.0. 10 Tax notices. For filing notices of nonresidents as to place where tax notices may be sent by collectors [Tax Law, § 70a, ante, Pe Alb) asehed epee cauns ca eulvarauiess temwe aes arcane 1 00 § 26. United States loan commissioners. The loan commissioners in each county may retain annually as full compensation for their services, in respect to the United States De- posit Fund, the following fees: ' Upon the sum of $25,000 or less...............e eee eens %4 of 1 per cent. Upon a further sum of not less than $25,000............ 1% of | per cent. If the whole sum exceeds $50,000 [State Finance Law, § 94, ONE, De, VAG aie anos etre Gres ayacodss so.otar nn dleyeie Ta gvouaie eayere-a ¥% of 1 per cent. FORMS. FORM No. 1. GENERAL ForM oF RESOLUTION oF BoaRD oF SUPERVISORS. Resolution as to the water supply for the county buildings (or state gen- erally the subject of the resolution). Passed by the board of supervisors of -............ county, pursuant to County Law, section 12, subdivisions 1 and 13 (or state law authorizing board to act), twelve supervisors voting in favor of such resolution, and three supervisors against the same. Whereas, the water supply for the county buildings, located in the village Of astern Gate , is insufficient for the uses and purposes of such buildings (or state specifically the reasons why the resolution is submitted), there- fore be it Resolved, That the committee on county buildings be, and they are hereby directed to examine as to the present supply of water now furnished for use in the county buildings, ascertain the cost of making such supply suffi- cient for the uses and purposes of such buildings and report the facts con- cerning the same to this board at its present session. (To be certified by chairman and clerk of board.) FORM No. 2. RESOLUTION REQUESTING ACTION By STATE LEGISLATURE. Resolution requesting the legislature of the state of New York to appro- priate the sum of ........ dollars for the purpose of draining the .......... creek, in the town of ............ , county of ............ Whereas, for a number of years the ............ creek, in the town of isa pWadenh ore Yes , has annually overflowed and damaged, to a great extent, the property and highways within such town, which overflow was caused by the construction of a state dam for the use of the ............ canal in such CROOK a Gasca rselie et a.5 lave ee , in the county of ............ 3 now, therefore, be it Resolved, That the board of supervisors of ............ county hereby requests the legislature of the state of New York to appropriate the sum Of abies dollars for the purpose of draining and cleaning out the said nh aaiin dase creek in the town of ............, county of ............, and for the purpose of performing such other work as may be necessary to pre- vent in the future the overflow of such creek in such town, the sum so appropriated to be expended by the superintendent of public works in ac- cordance with plans and specifications to be adopted by him; and (975) Ses 976 Forms. Resolved, That we urge upon the member of assembly from this county, and the state senator from this district, that they each of them do all in their power to secure the passage of a bill by the legislature of the state of New York, at its coming session, to secure the appropriation of the amount hereby requested; and Resolved, That the clerk of the board of supervisors transmit a copy of this resolution to ............ , the assemblyman of ............ county, ANG tO os ese scare , the state senator from this district. FORM No. 3. SUBPOENA BY Boarp or COMMITTEE. (County Law, § 27, ante, p. 18.) The People of the State of New York to A. B.: We, the supervisors of the county of ............ (or a committee of the board of supervisors of the county of ............ ), command you, that (all and singular) business and excuses being laid aside you attend before said board (or said committee), at the rooms of said board (or at [state place]), in the .......... of the city of ............ ,on the ....... day of 24. s.caacdeus , 19.., at .... o’clock in the ....... noon, to testify touching (state matter), and that you produce on such examination all books, papers and documents in your possession or under your control, relat- ing to (state matter) (or if any particular book or document is required, so specify it), and for a failure to attend and to produce such books, papers and documents you will be deemed guilty of contempt and will be proceeded against in the manner provided by the Code of Civil Procedure. Cc. D., Chairman. Dated this ........ day Of sexes ssvaees , 19.. FORM No. 4. Accounts AGAINST A COUNTY, (County Law, § 24, ante, p. 28.) ALBANY, N. Y., October ...., 1899. The County of Albany, To MatrHew Benper, Dr. 1899. June 28. .To 10 copies Cumming & Gilbert’s Poor, Insanity and State Charities Laws, at $5.00......... 0... c cece eee e eens $50 00 To 5 copies Greene’s Highway Laws of the State of New Norley det: F3 Olan cscs eae leis Cantaae sé. eaees eed 17 50 Forms. 977 STATE OF NEW YORK, Coun'ry OF ALBANY, kes Matthew Bender, being duly sworn, deposes and says that the several items charged in the foregoing account are just, true and correct, and [if for dis- bursement and services, that the disbursements (and services) charged therein have been in fact made (or rendered) or are necessary to be made (or rendered) at the present session of the board of supervisors of such county] and that no part thereof has been paid or satisfied. MATTHEW BENDER. Subscribed and sworn to before me, this .... day of ....... » 19.. JOHN DOE, Notary Public in and for Albany County. FORM No. 5. CONTRACT WITH PENITENTIARY FoR SUPPORT OF PRISONERS. (County Law, § 12, sub. 11, ante, p. 48.) This agreement, made this ...... day of ........ , 1903, between ........ ‘ keeper (or superintendent) of the ............ County Penitentiary, party of the first part, the authorized agent of the county of ............ » state of New York, and the board of supervisors of the county of ............ 5 party of the second part, the agents of the county of ............ , state of New York, authorized to make this contract by subdivision 11 of section 12 of the County Law; Witnesseth, That the party of the first part agrees for and in behalf of the said penitentiary, in consideration of the sum hereinafter mentioned, to safely keep and board all prisoners legally sentenced and committed by the several courts of the said county of ............ , and delivered by the sheriff of such county or his deputies, or by any constable of any town in said county, for any term not less than sixty days, and to provide all such prisoners with proper medical care and attention, subject however to the rules and regulations established for the management and government of said penitentiary. ' Also to give to the aforesaid sheriff or his deputies or any constable of said county, for prisoners so delivered at such penitentiary, a receipt stating the date and length of sentence and amount of fine, if any, imposed on said prisoner. The party of the second part agrees to deliver to such penitentiary all prisoners sent by the several courts of the county of ............ to hard labor for a term of sixty days and upwards, from the date of this contract to and including the thirty-first day of December, 19.. And the party of the second part further agrees to pay to the party of the first part the sum of $2.10 per week for each and every person so kept for the said county of ............ at the said penitentiary, and to pay all 978 Forms. drafts drawn upon the treasury of the said county of ...........- for the board, care and maintenance aforesaid, when accompanied by an account for the same, properly made and verified, and in accordance with the terms of this contract, on the first day of January, 19.., for the term ending on the thirty-first day of December, 19.. And the party of the second part further agrees to pay as above to the party of the first part, the necessary expenses of sending back to the said county of ............ all such prisoners whose terms have expired while at the said penitentiary, and the party of the first part further agrees to credit to the said county of ............ all moneys which shall be col- lected for fines imposed on prisoners, sentenced and confined as herein stipu- lated at the said penitentiary, and to make return of the same on the first day of January, 19.., but any fines imposed and paid by labor of any con- vict, shall not, nor shall any part thereof be credited to the said county OE: s.aiice ea alee cere It is also further agreed that any convict sentenced in the said county Of seeds ea scme to said penitentiary, who may become insane while con- fined in such penientiary, must be forthwith removed from the said peniten- tiary, when due notice is given to the superintendent of the poor of said county. This clause does not apply to persons convicted of felonies. Witness our hands and seals this day and year as above written. Chairman of Board of Supervisors of ............ County, FORM No. 6. OatH oF OFFICE oF CLERK oF BoARD OF SUPERVISORS. STATE OF NEW YORK, | COUNTY OF............ I, A. B., do solemnly swear (or affirm) that I will support the constitu- tion of the United States, and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of clerk of the board of supervisors of the county of ............ , according to the best of my ability. A. B. Subscribed and sworn to before me, this .... day of ....... , 19.. Cc. D. (Title of office.) Forms. 979 FORM No. 7. STATEMENT oF CouNTY AND Town ACCOUNTS. (County Law, § 51, ante, p. 79.) I—CountTy CHARGES. Accounts against the county of ............ » presented to the board of supervisors, at its annual meeting for the year 19.., with amount claimed by and allowed to each person named. Amount | Amount CLAIMANT. Nature of Account. claimed | allowed. ANB iisvasieexe eed aoustes Printing ...........0.0.06. $350 00 | $200 00 TOU: OF ac5 oe bos wpnis aka 605 sein Abstract containing a list of claims audited by the town board (or board of town auditors) of the town of ............ , during the year ending on the: «asais sss ay Of aes sged ev sen , 19.., with the amounts claimed by and allowed to the several persons named therein: Claimed. Allowed. A. L. Kellogg, services as attorney.........seeeeeeee $275 00 $275 00 A. L. Van Duzen, town clerk............. cee eee e eens 29 00 29 00 (And so on for each town.) III.—SvuPervisors’ ACCOUNTS. County Of .. cc cceececcenee To John Dooley, supervisor of the town of Stamford, Dr. December 30, 19.. Claimed. Allowed. To 16 days’ attendance at annual session of the board of supervisors, at $4.00 ........ eee r eee cece eee ee eee $64 00 $64 00 To 4 days’ services on the committee for the repair of the county jail, at $4.00 ........- cece cece ere eee e reese 16 00 16 00 To making copy of assessment-roll..........+---+see00 15 00 15 00 To 46 miles, to and from annual session of board, at $.08.. 3 68 3 68 $98 68 $98 68 (The same for each supervisor.) The board of supervisors of the county of ..........-. was in session during the year ending December 31, 19.., for 16 days, and the distance necessarily traveled by each member of the board of supervisors in attending the meetings thereof is specified in the foregoing accounts of the several supervisors. 980 Forms. COUNTY OF...............225.- ‘5 bk OFFICE oF CLERK OF BOARD OF SUPERVISORS, t 7 I, J. K., clerk of the board of supervisors of ....... veces County, do hereby certify that the foregoing statement contains the names of all persons presenting claims against such county which were audited by such board of supervisors at its last annual session, or by the town boards or boards of town auditors of the respective towns in such county so far as returned to me, together with the amounts claimed and allowed thereon; that no account was audited at such session of the board of supervisors, unless the same had been duly verified as required by law; that the statement as to the number of days of the sessions of such board, and the mileage charged in the several supervisors’ accounts are true and correct to the best of my knowledge and belief. Dated this ........ day Of snccaiccoa ce 9 ADs. J. K., Clerk of the Board of Supervisors Of ssescerree+-- County. FORM No. 8. CLERK’S STATEMENT TO BOARD OF SUPERVISORS. (County Law, § 164, ante, p. 105.) To the Board of Supervisors, county of ..........+6: I, A. B., clerk of ............ county, hereby submit the following annual statement, as required by section 164 of the County Law: Receipts. Fees received during the year for searches and certificates thereof. $735 00 Fees received for recording documents and certificates thereof.... 826 00 Sums received for services rendered the county.................. 241 00 Sums received for official services......... PSV ash Sew geese elope Fi8 ae 318 00 $2,120 00 Payments. Paid for clerical services to (A. B.)............20005 $1,216 00 Paid for fuel to (B: Ci) 2cisescessosesued tea men sean 118 00 Paid for lights to (C. D.)............ 0... eee eee eee 40 00 Paid for stationery to (E. F.)....... cece cece eee 320 00 Paid for incidental expenses: To! 1G, Hy as eases pe ipngt ee See ASL Sa eee 68 00 To Be De gsees ced cieay re radauewi wane ia vase veces 34 00 1,796 00 Balance ........ aieyawenerere DS aN Bied Hee 6 Hoon wan $324 00 Dated this ........ day of ............, 19.. A. B., County Clerk, Forms. 981 STATE OF NEW YORK, Ss. COUNTY OF............ A. B., being duly sworn, deposes and says that he is county clerk of the county of ............ , and that the foregoing account is true and correct, and that the amounts stated therein were actually received and expended by him. A. B, Subscribed and sworn to before me, this .... day of ....... LD Notary. Public. FORM No. 9. Report or District ATTORNEY. (County Law, § 201, ante, p. 108.) A. B., district attorney, in account with the county of ......... Pare Dr. Cr. To penalties recovered} $400 00 | To amount paid rate treas- urer, May i6, 1901............ $100 00 sileandowtnrauctave deetiouaes saat HOO OOH Gasscisree Sate ariacGlotamutanioewaciaue [A pase nuda Balance...........- $800 OOU) ccc aes s crite eins aeenriarerdcerota que aiewaiw she ae nei Dated this ........ day OF vio veee se ress » 19 A. B., District Attorney. STATE OF NEW YORK, i COUNTY OF...........- 5! A. B., being duly sworn, deposes and says that he is the district attorney of the county of ....,....... , and that the foregoing report is a true account of all moneys received by him by virtue of his office during the year ending with the ........ GAY: OL: sisi jiaesvie devon , 19.. A. B. Subscribed and sworn to before me, this .... day of ....... 7 198% C. D., Notary Public. 982 Fors. FORM No. 10. CALENDAR OF PRISONERS CONFINED IN CoUNTY JAIL. (County Law, § 97, ante, p. 142.) NAMES OF When By what |Cause of de-| By whom committed; PRISONERS. | committed.| precept. | tention. (it disorderly person). FORM No. 11. ForM OF APPLICATION AND NOTICE FOR ALTERATION OF BOUNDABIES OB ERECTION OF TOWNS BY Boarps OF SUPERVISORS. (County Law, §§ 34, 36, ante, p. 188.) To the Board of Supervisors of the County of ...........-: Application is hereby- made by the undersigned, freeholders of the towns OE ics coding ina lena ye for the division of (or the alteration of) the boundaries of (If the alteration of town boundary lines is desired, state as follows: ) The undersigned hereby respectfully request that the board of supervisors of such county alter the northern boundary line of the town of ............ so that such line shall be established and defined as follows: (Specify by sufficiently definite metes and bounds the location of the pro- posed new boundary line.) And that the southern boundary line of the town of ............ shall be established and defined as follows: (State specifically by sufficiently definite metes and bounds the proposed boundary line of such town.) (If it is proposed to divide a town and to erect therefrom a new town, the application should state as follows: ) The undersigned applicants respect- fully request that the board of supervisors of such town shall divide and alter the bounds of the town of ............ in the county of so that the boundaries of such town shall be as follows: (Specify in detail with sufficiently definite metes and bounds the proposed new boundary lines of the town to be divided.) That a new town be erected to consist of that part of the former town OLE sareclin cd spines lying northerly of (specify generally a division), and that the boundaries of such new town shall be as follows: (Specify in detail and with sufficiently definite metes and bounds the boundary lines of the proposed new town.) The said applicants also respectfully request the said board of super- visors that the name of the new town so erected shall be ............ A map and survey showing the alteration of the boundaries of the said towns of ............ (or showing the alteration of the boundaries of the Forms. 9838 town of ............ , and the boundaries of the proposed new town of Aaciutleweee nae ), is attached hereto and made a part of this application. Dated this ........ day Of seiccnnacass ,19.. (Signed by at least twelve freeholders residing in each of the towns whose boundaries are to be changed.) NoTIcE oF APPLICATION. To whom it may concern: Take notice that the above application for the alteration of the boundary lines of the towns of ............ (or for the division of the town of silted ebicatsas Baers and the erection therefrom of a new town to be known as the town of ............ ), will be made to the board of supervisors of the county of ............ at the meeting of such board of supervisors at its annual session, beginning on the ........ DAY OD sssain iw escrstsaiavess , 19.. FORM No. 12. RESOLUTION OF Boarp oF SupPERvISoRS DivipIng A TowN AND ERECTING THEREFROM A NEw Town. (County Law, § 34, ante, p. 188.) AN ACT and resolution to divide and alter the bounds of the town of More- house, in the county of Hamilton, state of New York, and to erect a new town therein, to be known and named “ Inlet.” Passed by the board of supervisors of the county of Hamilton, pursuant to section 34 of the County Law, on the 27th day of November, 1901, all the members elected thereto voting in favor thereof. The board of supervisors of the county of Hamilton does enact as follows: Section 1. From and after the passage of this act and resolution, thé bounds of the town of Morehouse, in the county of Hamilton and state of New York, shall be as follows: Commencing at a point where the boundary line between the counties of Herkimer and Hamilton intersects the middle of the south branch of the Moose river, and running thence easterly along the middle of the south branch of the Moose river to the boundary line between the towns of Morehouse and Arietta, as heretofore established; thence starting southerly and continuing along the said line between the said towns of Morehouse and Arietta to the line between the counties of Herkimer and Hamilton; thence northwesterly along the line between the town of Morehouse in the county of Hamilton, and the towns of Salisbury and Ohio, in the county of Herkimer, to the easterly boundary of the town of Wilmurt, in the county of Herkimer; thence northeasterly along the boundary line between the said town of Wilmurt and the said town of More- house, as previously established, to the northeasterly boundary line of Nobleboro Patent and Arthurboro Patent; thence northerly along the boundary line between said town of Wilmurt and the town of Morehouse, as previously established, to the place of beginning. § 2. From and after the passage of this act and resolution a new town is erected to consist of that part of the former town of Morehouse lying north- erly of the middle of the south branch of the Moose river, and the bounds 984 Fors. of said town shall be as follows: Commencing at a point where the middle of the south branch of the Moose river intersects the boundary line between the counties of Hamilton and Herkimer and running thence northerly along said boundary line to a point where it intersects the southwesterly boundary of Township 41, Totten & Crossfield’s Purchase; thence southeasterly along the southwesterly line of said Township 41 to the southerly corner thereof; thence northeasterly along the southeasterly boundary of said Township 41 to the easterly corner thereof; thence southeasterly on the boundary line between Township 40, Totten & Crossfield’s Purchase, and Township 5, John Brown’s Tract, to the old or former town line of the towns of Arietta and Morehouse as the same existed previous to an act of the legislature of this state, laws of 1860, chapter 200, passed April 7, 1860; thence southerly along the boundary line between the towns of Morehouse and Arietta, as existing prior to the passage thereof, to a point in the middle of the south branch of the Moose river; thence westerly along the middle of the south branch of the Moose river to the place of beginning. § 3. The name of the town erected by the last preceding section shall be “ Inlet.” § 4. This act and resolution shall take effect immediately. In witness whereof, I have hereunto subscribed my name and affixed (SEAL.] my official seal this 28th day of December, A. D., 1901. THOS. J. HANDLEY, Clerk of the Board of Supervisors of the county of Hamilton State of New York. FORM No. 13. AcT oF BoArp OF SUPERVISORS PRovIDING FoR ALTERING THE BOUNDARIES OF A Town. (County Law, §§ 34-36, ante, p. 188.) AN ACT to alter the boundary lines of the towns of Brandon and Santa Clara, in Franklin county. (By authority of section 34 of chapter 686 of the Laws of 1892.) Passed November 23, 1896, two-thirds of all the members of said board and the supervisors of Brandon and Santa Clara being present and voting in favor thereof. The number of votes given for the act were 17, the number of votes given against the act were none. Upon the application of at least twelve freeholders of the towns of Bran- don and Santa Clara, respectively, the board of supervisors of the county of Franklin do enact as follows: Section 1. That the division lines between the towns of Brandon and Santa Clara be and hereby are changed and altered as follows: By includ- ing within the town of Brandon the whole of Township 8, Great Tract No. 1, of Macomb’s Purchase, and that the town of Brandon consist of Township 8, Great Tract No. 1, of Macomb’s Purchase. That the town of Santa Clara consist of and that there be included within such town of Santa Clara the Forms. 985 following described lands: Beginning at the southwest corner of Township No. 8, Great Tract No. 1, of Macomb’s Purchase, and running thence south- erly along the west line of Townships Nos. 11, 14, 17, 18 and 23, to the northwest corner of the town of Harrietstown; thence easterly along and upon the north line of said town of Harrietstown to the east line of Town- ship No. 23; thence northerly to the northeast corner of Township No. 20; thence westerly to the southeast corner of Township No. 17; thence north- erly along the east line of Townships Nos. 17, 14 and 11 to the southeast corner of Township No. 8; thence westerly along the south bounds of Town- ship No. 8 to the place of beginning, containing all the land within said bounds. And that such towns of Brandon and Santa Clara be and hereby are respectively erected accordingly to so exist, be and be treated from and after the time this act shall take effect. § 2, This act shall take effect on the 15th day of February, 1897. The foregoing has been compared with the original act passed by the board of supervisors of Franklin county on the 23d day of November, 1896, and is a correct copy of the same. In testimony whereof, we have hereto set our hands and seal this 25th day of November, 1896. ALFRED C. MORSE, [u. s.J Chairman, M. W. HUTCHINS, Clerk. I, Herbert J. Wilson, clerk of the board of supervisors of the county of Franklin, do hereby certify that I have compared the foregoing with the journal of proceedings of said board for the year 1896, and that the same is a correct transcript of a part of said journal of proceedings. [SEAL.] HERBERT J. WILSON, Clerk of the Board of Supervisors of Franklin county, New York. FORM No. 14. APPLICATION FoR SPECIAL TowN MEETING. (Town Law, § 23, ante, p. 200.) To C. D., Town Clerk of the town of ........seeeeeeeeees im the county OF scat aiek seni be HA The undersigned, taxpayers of said town, whose names appear on the last assessment-roll of said town (or supervisor, commissioner of highways, etc., as the case may be), hereby make application and require of you to call a special town meeting, pursuant to section 23 of the Town Law, for the purpose of (here state the purpose for which the special town meeting is to be called). Dated this ........ day Of vxscccexeees 7 19%. (Signed by at least twenty-five taxpayers or by proper town officers.) 986 Forms. FORM No. 15. Notice oF SPECIAL 'lOWN MEETING. (Town Law, § 24, ante, p. 202.) Notice is hereby given that, pursuant to an application made therefor as prescribed by statute, a special town meeting of the electors of the town OP: aise ual aansiinarsls 9 COUNTY OF es ewsciers inn es ; will be held at ........---- » in the village of ............ » on the ........ day Of ca scsceseey » 19%... at .... o’clock in the ........ noon, for the purpose of voting upon the follow- ing questions or propositions (stating them as contained in Town Law, § 23, ante), and for the transaction of such other business as shall be lawfully brought before such meeting. Dated sige sisiesie-siocn’s 7 196s A. B., Town Clerk. FORM No. 16. APPLICATION FOR SUBMISSION OF PROPOSITION TO BE VoTED Upon By BALLOT AT TowN MEETING. (Town Law, § 32, ante, p. 208.) To C. D., Town Clerk of the town of ............ ; county of ..... Steeineade The undersigned, taxpayers of the town of ............ (or supervisor, commissioner of highways, or overseer of the poor of the town of .......... )s hereby make application pursuant to the provisions of section 32 of the Town Law, for the submission of a proposition to be voted upon by ballot at the biennial town meeting (or a special town meeting duly called there- for), to be held in the town of ............ on the ........ day of eat eeeicee ome , 19.., for the following purposes and in the following form, to wit: (Here state plainly the question desired to be voted upon.) And such applicants hereby request that a vote be taken upon such proposition at such town meeting. Dated this ........ ay Of wicca tewwas 3,19.» (Signed by the proper town officers or taxpayers entitled to de- mand a vote upon the proposition at a town meeting.) FORM No. 17. NoTICcE OF SUBMISSION OF PROPOSITION TO TOWN MEETING. (Town Law, § 32, ante, p. 208.) Notice is hereby given that, pursuant to an application made therefor as prescribed by section 32 of the Town Law, which application was filed in the office of the town clerk of the town of ............ on the ..see0.. day Of 4csdeuwinwes , 19.., the following proposition will be submitted to be voted upon by ballot at the biennial town meeting (or at a special town meeting duly called therefor), to be held in the town of ............ , on ANG) 2 sdcscerss Seu day Of. sicwstac naa , 19.., to wit: (state the question to be submitted to the electors at the town meeting.) Dated this ........ O29 OF ewan en co neds g 1D C. D.. Town Clerk, Forms. 987 FORM No. 18. APPLICATION FOR HoLpInec TowN MEETINGS IN ELECTION Districts. (Town Law, § 38, ante, p. 214.) To A. B., Town Clerk of the town of ............: We, the undersigned, duly and legally qualified electors of the town of silese etd est , county of ............, do hereby respectfully ask that at the ccncnare town meeting to be held on the......... day of 19.., the question be submitted pursuant to law, as to whether, on and after such town meeting, the town meetings of the town of ............ be held in election districts (or [if it is desired to return to the former system of holding but one poll] that on and after such town meeting, the town meetings of such town be held at one place as under the former system), such election districts to be the same as the several election districts of such town at general elections (or in two [or more] joint election districts con- stituted by the town board as provided by law). Dated cxssenesvene > 19.. (Signed by at least twenty-five electors.) FORM No. 19. CERTIFICATE OF ELECTION OF JUSTICES, (Town Law, § 57, ante, p. 234.) STATE OF NEW YORK, . 8S. COUNTY OF............ To F. G., Esq., County Olerk of .....0000. ». County: I do hereby certify that at the biennial town meeting of the town of aisacaxs aha treaaNee » held therein on the ........ day of ............, 19.., G. H. was duly elected justice of the peace for a full term. Dated this ........ day Of ceies Geese 5p LD eras C. D., Town Clerk. FORM No. 20. Bonp o8 UNDERTAKING OF SUPERVISOR, GENERAL, (Town Law, § 60, ante, p. 259.) Whereas, A. B., of the town of ............ ; in the county of ........... was on the ........ day Of sais sdwasieys , , duly elected (or aopaitited supervisor of the town of ............ >in er county ; Now, therefore, we, the said A. B. and C. D., residing at ............ , and E. F., residing at ............ , do hereby, pursuant to section 60 of the Town Law, and other statutes made and provided, undertake and acknowl- edge ourselves, our heirs, administrators and executors, firmly bound to and with the said town of ............ > in the sum of .......... dollars, that the said A. B. will well and faithfully discharge his duties as supervisor of such town, and that he will well and truly keep, pay over and account for 988 Forms. all moneys and property, including the local school money, if any, belong- ing to his town and coming into his hands as such supervisor, in accord- ance with law, or in default thereof, that we will pay all damages, costs and expenses resulting from such default, to the amount specified in this undertaking. Dated this ....... « day of .....eee eee , 19.. A. B., Supervisor. C. D., Surety. E. F., Surety. STATE OF NEW YORK, ; 39.¢ COUNTY OF............ On the ........ Way Of ie sisi geseatees , in the year 19.., before me, the subscriber, personally came A. B., C. D. and E. F., to me known to be the persons described in and who executed the within instrument, and severally acknowledged to me that they executed the said instrument. G. H., (Official title.) COUNTY OF ...........-. 5 88.8 C. D. and E. F., being severally and duly sworn, each for himself deposes and says: C. D., That he is one of the sureties named in the foregoing under- taking; that he is a freeholder (a house holder) within the state of New York; that he isa ............ by occupation, and resides in ............ county of ............ § BENDS: suaises Sean street (and has his place of business at ............ street, in the city of ............ ); that he is worth the sum of ............ dollars (twice the amount of the under- taking), over and above all just debts and liabilities and property exempt from execution; and E. F., that he is one of the sureties named in the foregoing undertaking; that he is a freeholder (or house holder) within the state of New York; that he is a ............ by occupation and resides ID) jase ceed eee 5 COUNtY OF 6 estos cian a bbs INO: ia avananiereerderws street, in the city of ............. ; that he is worth the sum of ............. dollars (twice the amount of the undertaking). over and above all joint debts and liabilities, and property exempt from execution. Cc. D., E. F., Sureties. Subscribed and sworn to before me, this .... day of ....... ¢ ADL J. K. (Official title.) We, the undersigned, members of the town board of the town of .......... do hereby approve of the foregoing undertaking as to its form, manner of execution and sufficiency of the sureties thereon. Dated: ocsercicscicccws , 19.. (Signed by members of town board.) (If the approval is by resolution, as prescribed by Public Officers Law, § 11, ante, p. 267, a certified copy of the resolution should be annexed to the undertaking. ) Forms. 989 FORM No. 21. JUSTICE’S UNDERTAKING. (Town Law, § 58, ante, p. 259.) Whereas, A. B., of the town of ............ » county of ............ » was on the ........ day” Of sxeycngesses » 19.., duly elected (or appointed) Justice of the peace of the town of ............ in such county. Now, therefore, we, the said A. B., as principal, and C. D., residing at syasid denver weabaunsaandes , and E. F., residing at ............, do hereby, pursuant to section 58 of the Town Law, and other statutes made and provided, under- take and acknowledge ourselves, our heirs, administrators and executors, jointly and severally, firmly bound to and with the said town of ........... in the sum of ............ dollars, that the said A. B. 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; that he will well and faithfully dis- charge the duties of his office, or in default thereof that we will pay all damages, costs and expenses resulting from such default, to the amount specified in this undertaking. Dated this ........ day of ............ 5 ADs A. B., Justice of the Peace. Cc. D., E. F., Sureties. (Acknowledgment, justification and approval as in supervisor’s undertak- ing [Form No. 20, ante], except that the approval is by the supervisor, or town clerk, when the justice is a supervisor.) FORM No. 22. UNDERTAKING OF COMMISSIONER OF HIGHWAYS. (Town Law, § 63, ante, p. 261.) Whereas, A. B., of the town of ............ , county of ............ > was on the ........ GAY Gf escnscciecrscsesiascts , 19.., duly elected (or appointed) commissioner of highways of the town of ............ in such county. Now, therefore, we, the said A. B. and C. D., residing at ............ » and E. F., residing at ............ » as sureties, do hereby, pursuant to section 63 of the Town Law, and other statutes made and provided, undertake and acknowledge ourselves, our heirs, administrators and executors, jointly and severally, firmly bound to and with the said town of ............ in the Bum Of sascicewanse dollars; that the said A. B. will faithfully discharge his duties as such commissioner of highways, and within ten days after the expiration of his term of office, pay over to his successor all moneys remain- ing 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, in accordance with law, or in default thereof, and that we will pay all damages, costs and expenses resulting from such default, not exceeding the sum specified in this undertaking. Dated this ........ DAY? OF ies. oe avant wip , 19.. A. B., Commissioner of Highways. Cc. D., E. F., Sureties. (Acknowledgment, justification and approval as in supervisor’s undertak- ing [Form No. 20, ante], except that the approval is by the supervisor.) 990 Forms. FORM No. 23. UNDERTAKING OF OVERSEER OF THE POOR. (Town Law, § 62, ante, p. 262.) Whereas, B. F., of the town of ............ > in the county of ......----.- was on the ........ day: Off sya caweeoars, , 19.., duly elected overseer of the poor of said town; Now, therefore, we, the said B. F., principal, and N. O., of the town of epee enaeadsavans , his surety, do hereby, pursuant to section 62 of the Town Law, jointly and severally undertake that the said B. F. will well and faithfully discharge the duties of his office, and will pay according to law all moneys which shall come into his hands as such overseer, or in default thereof that we will pay all damages, costs and expenses resulting from such default. Dated this ........ day of «iseiasennss , 19.. B. F,, Overseer of the Poor. N. 0. (Acknowledgment, justification and approval as in supervisor’s undertak- ing [Form No. 20, ante], except that the undertaking is to be approved by the supervisor. ) FORM No. 24. Town CoLLecTor’s UNDERTAKING. (Town Law, § 52, ante, p. 262.) Whereas, N. O., of the town of ............ » in the county of ........... was on the ........ day of. s.i.cceccer: , duly elected (or gpuiinitedl) collector of said town and has received ie wl receive) the assessment-roll of said town for the year 19.., calling for the collection of ......... dollars, Now, therefore, we, the said N. O., principal, and R. S. and T. W., of the COWM OF) scigsissesaotedre 5 , his sureties, do hereby, pursuant to section 52 of the Town Law, jointly and severally undertake and acknowledge ourselves firmly bound unto the said town of ............ » pursuant to law, in the sum of Snehieoe se dollars, that the said N. O. will well and faithfully execute his duties as collector, and pay over all moneys received by him as such col- lector to the officer or person entitled thereto, 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, or in default thereof, that we, the undersigned, will pay all damages, costs and expenses result- ing from such default. Dated this ........ day’ Of ssces canes os , 19.. N. 0. . 8. T. W. (Acknowledgment, justification and approval as contained in supervisor’s undertaking [Form No. 20, ante], except that approval is by supervisor.) Fors. 991 FORM No. 25. CoNSTABLE’S UNDERTAKING. (Town Law, § 54, ante, p. 265.) Whereas, D. E., of the town of ............ , in the county of ........... was on the ........ DOG OB ciiisencitin astijese -, duly elected (or eppointed) constable of said town; Now, therefore, we, the said D. E., principal, and N. O. and R. S., of the town of ............ , his sureties, do hereby, pursuant to section 54 of the Town Law, jointly and severally undertake that said D. E. 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 D. E. as such constable, by virtue of his office. Dated this ........ day of «ssisavecnas 5 19%. D. E. N. 0. R. 8. (Acknowledge, justify and approve as in form for supervisor’s undertak- ing [Form No, 20, ante], except that the approval is by the supervisor or town clerk.) FORM No. 26. RESIGNATION OF Town OFFICERS. (Town Law, § 64, ante, p. 269.) To A. B., Town Clerk (or C. D., E. F., G. H. and J. K., Justices of the Peace) of the town of .....+..--++! I, M. O., of the town of ............ , county of ............ , having been duly elected (or appointed) to the office of ............ in and for the said town of ............ on the ........ day Of: aan csiavadiw aie 9 Tay and having duly qualified as such officer, do hereby resign such office, to take effect upon the delivery of this resignation. Dated ............ , 19.. M. O. FORM No. 27. APPOINTMENT TO FILL VACANCY IN TowN OFFICE. (Town Law, § 65, ante, p. 271.) Whereas, a vacancy exists in the office of ............ , in the town of shehiyrgidagnsia 28 sona , county of ............, because of the (resignation, or as the ease may be) ............ of M. N, who was elected to such office on the) sssascwse day Of ssvaswavaaas , 19..; for a term of two years from TNE cesses GAY OF aicsesiee sarees 9 LB iae$ Now, therefore, in pursuance of the power vested in us by section 65 of the Town Law, we, the undersigned members of the town board of such town, do hereby appoint N. O. of said town to fill the vacancy existing in such 992 Forms. Office of 44 saw ss cen ; the said N. O. shall hold such office until the next biennial town meeting (*) in such town, and until his successor is elected or appointed and has qualified, as provided by law. In witness whereof, we have hereunto set our hands and seals, at ........-, in said town, on the ........ day of ............ 4 Oe B. F., Supervisor. [L. s.] (Add other signatures of members of the town board, with designation of office, and seals.) * If town meetings are held at time of general election, the vacancy should be filled to the first day of January following the election. FORM No. 28. NoTIcE oF APPOINTMENT TO TOWN OFFICE. (Town Law, § 65, ante, p. 271.) To N. O.: You are hereby notified that you were appointed by the town board of the town of ............ , county of ............ 7 OS xs cies dé ee as in and for the said town to fill the vacancy in that office occasioned by the (resignation or as the case may be) of M. N., the former incumbent of such office; such office is to be held by you until the next biennial town meeting of such town ([or] until and including the 31st day of December succeeding the next biennial town meeting). Such appointment was duly executed by the mem- bers of said town board and filed in my office on the ...... day of .......... ji 19.., as provided by law. Dated ............ ,19.. C. Z., Town Clerk. FORM No. 29. OaTH oF SuPERVISOR, TowN CLERK, HIGHWAY COMMISSIONER AND OVERSEER OF THE Poor, GOING OUT OF OFFICE, ON DELIVERY OF Books, RECORDS, ETC. (Town Law, § 84, ante, p. 281.) COUNTY OF............ 88.: TOWN OF...........005 I, M. N., of the town of ............ , being duly sworn, deposes and say that the records, books and papers herewith delivered, upon the demand of O. P., to him, as my successor in office as ............ of said town of in avec < aipew #3 , are all the records, books and papers in my possession, or under my control, belonging to the said office of ............ of said town, office is to be held by you until the next biennial town meeting of such delivery, to wit, the sum of ............ dollars and ........ cents, ‘is all the money belonging to said town remaining in my hands. M. N. Subscribed and sworn to before me, this .... day of ....... , 19.. R. &., (Title of office.) Fors. 993 FORM No. 30. Form or APPLICATION FOR EXEMPTION oF PENSION. (Tax Law, § 4, sub. 5, ante, p. 330.) To the Assessors of the town of ............: The undersigned applicant, a resident of the town of ........+.. » and the owner of real property situated in such town as hereinafter described, hereby makes this application to you, and respectfully states as follows: 1. That such property is situated in town of ............ , and is described as follows: (Describe generally the real property sought to be exempted, by street and number or otherwise.) 2. That the assessed valuation of such property is ............ dollars. 3. That a pension was secured by the applicant (or by the applicant’s hus- band, naming him) for military (or naval) services rendered the United States, and that, of the proceeds of such pension, the sum of ...........- dollars was used in the purchase of such real property. Wherefore, he requests that such property be exempted from taxation for state, county and general municipal taxation, as provided by subdivision 5 of section 4 of the Tax Law. (Signature. ) STATE OF NEW YORK, Pe COUNTY OF.......0-205 { Saau ayetsupacacentelions being duly sworn, deposes and says that he is the applicant for the above specified exemption; that he has read the foregoing applica- tion and knows the contents thereof; that the facts stated therein are true to his own knowledge, except as to the matters therein stated on information and belief and as to those matter he believes it to be true. (Signature. ) Subscribed and sworn to before me, this .... day of ....... 9: LD (Signature of officer.) FORM No. 31. Report or Bank TO LocaL ASSESSORS. (Tax Law, § 23, ante, p. 362.) To the Assessors of the town Of ....-++++.008 I, A. B., cashier (or other chief fiscal officer) of the ............ Bank, having its principal office located in the ............ OL: paves erenreielts county of .........+4: , N. Y., in pursuance of section 23 of the Tax aw, do hereby make the following statement of the condition of such bank on the first day of June, 19..; 1. The amount of the authorized capital stock of such bank is .......... thousand dollars, divided into ........ shares of the par value of ......... hundred dollars each. 2. The total amount of the stock of such bank which has been paid in LS: dasdvwaantintindduncaced dollars. 63 994 Forms. 8. The amount of the surplus of such bank is ..........-- dollars; and the amount of its undivided profits is ............ dollars. The following is a complete list of the names and residences of the stock- holders of such bank, and the number of shares held by each: Name of stockholder. Residence. No. of shares. Dated this ........ day of sesnievieuses 5 19%. A. B., Cashier (or other chief fiscal officer) of bank. VERIFICATION. STATE OF NEW YORK, COUNTY OF............ A. B., being duly sworn, says that he is the cashier of the ........ Ses Bank; that he subscribed the foregoing statement as such cashier and has read the same and knows the contents thereof, and that such statement is in all respects true. Signed A. B. Subscribed and sworn to before me, this .... day of ....... 5 1D Cc. D., Notary Public ........0068 county. FORM No. 32. STATEMENT OF Levy oF TAX By Boarp oF SUPERVISORS UPON BANK STOCK. (Tax Law, § 24, ante, p. 363.) To A. B., Cashier of the .......... Bank, located in the village of .......... 5 county Of ........-655 5 Ve Yuet The board of supervisors of the county of ............ , from an inspection of the assessment-roll of the town of ............ have ascertained the facts contained in the following statement which is hereby submitted to you pursuant to the provisions of section 24 of the Tax Law: ‘1. The amount of the capital stock of the ............ Bank, located in HNO cscs-thsatoncrctit dene OP ssisisjassiacereiecsiieys TS) ia ita svar ers thousand dollars, 2. The surplus of such bank is ............ thousand dollars; and the undivided profits thereof amount to ............ thousand dollars. 3. The number of outstanding shares of such stock are ............ , and the value of each share of such stock, as ascertained in the manner pro- vided by section 24 of the Tax Law, is ............ dollars. 4, The aggregate amount of tax to be paid by the ............ Bank IS! A4io dubearena etn dollars, and such amount has been levied upon such bank pursuant to the authority conferred by section 24 of the Tax Law. The foregoing statement is made to you in compliance with the provisions of section 24 of the Tax Law in pursuance of an order of the board of supervisors of the county of ............ Dated this ........ day OF isiccw aon. sen s 9 ADs Signed D. E., Clerk of Board of Supervisors of ............ county. Fors. 995 FORM No. 33. WaRRANT OR ORDER TO County TREASURER FoR COLLECTING BANK Tax. (Tax Law, § 24, ante, p. 363.) To the County Treasurer of ............ county: Pursuant to the authority conferred by section 24 of the Tax Law, as amended by L. 1901, chapter 559, and L. 1903, chapter 267, the board of supervisors of the county of ............ hereby orders and directs that there be collected by you of the banks and banking associations located in the several towns, villages and cities in the county of ............ the amount of tax levied by this board upon such banks and banking associations, and that such sums when so collected be paid by you, less your commission of one per centum to be deducted for collecting and paying out such moneys, to the proper officers in the several tax districts of the county of ........... The number of shares of bank stock assessable in each town, city, village and school district, the assessable value of such shares, the amount of taxes levied upon each bank and banking association therein, the tax rate of each of such tax districts for the year ........ , and the proportion of the tax to which each of such tax districts is entitled under the provisions of such section 24 of the Tax Law as amended, will appear from the following statement: Tow: OF siscee stew carsis No. of. Assessable Amount Bank: shares. value. of tax. Wilbur National Bank ...............-. 3,000 $450,000 $4,500 Taxi rates for’ TOW Of vecwssasset nein erated acelanstarewmcd dco aveveretenciuaueniea -005 Tax rate for village Of...4.. 0 ccs. cseccersenecerenacones .01 Tax rate for school district No. ...., town of............ .005 Total tax rate. 2.2aecondsesuarhe eo dtennene woe oes -02 There shall be paid to the town of........--.. sees cece eee eeee $1,125 to the village Of........- cece cece eee ee eeee 2,250 to school district No. 11 of the town of...... 1,125 (Insert other towns in same manner.) For the payment of the above sums to the proper officers of such tax districts this shall be your sufficient warrant. Signed Board of Supervisors of ............ county. D. E., Chairman, E. F., Clerk, FORM No. 34. STATEMENT OF INDIVIDUAL BANKER TO ASSESSORS. (Tax Law, § 25, ante, p. 367.) To the Assessors of the town Of ..-.+++eseee! I, L. M., individual banker doing business under the laws of this state, ag an individual banker, having my principal place of business in. the “yor 996 Forms. Soe tuamrete of ...........-, county of ............, N. ¥., do hereby report, pursuant to the provisions of section 25 of the Tax Law; that the amount of capital invested by me in such business as an individual banker in the town of ............ , on the first day of June, 19.., is ..........-. dollars. Dated this ........ day Of scivscweesns ,19.. Signed L. M., Individual Banker. (Verification as in Form No. 31.) FORM No. 35. Notice To BANK oF ASSESSMENT. (Tax Law, § 26, ante, p. 367.) TO: the eeacaner cites Bank: You are hereby notified, pursuant to section 26 of the Tax Law, that the shareholders of the ............ Bank are assessed as such shareholders, for the sums set opposite their names in the following list: OU, TOGCs sors eracsewecave wiaevcaretene wasteiiore far oreesavs Buovienes pberieice eh o livia nauavavlataneirod ouecarsnece $2,000 Richard? Roe™ yascussawacsudassenins saercsennd sage genar pads ye 5,000 Dated this ........ day Of susxicswaess , 19 FORM No. 36. STATEMENT OF CORPORATIONS TO ASSESSORS. (Tax Law, § 27, ante, p. 367.) I, A. B., president (or other proper officer) of the (name of corporation) hereby report, in pursuance of section 27, as follows: 1. The real property owned by such corporation consists of (describe same), situated in the town of ............ 3 OE ese eases eae (or in the sin Bia eer ie ward of the city of ............, at ............), for which the corporation paid the sum of .......4..... dollars. 2. The capital stock of such corporation actually paid in is ............ dollars; the sum of ............ dollars has been paid by such corporation for real property, and ............ dollars of the capital stock is held by the Susquehanna Valley Home for Orphans, leaving a balance subject to taxation of ............ dollars. 3. The principal office of such corporation is situated in the town of A. B. Forms. 997 VERIFICATION. STATE OF NEW YORK, : COUNTY OF.........005 t — A. B., being duly sworn, says that he is the president of the (name of corporation) ; that he subscribed the foregoing report as such officer, and has read the same and knows the contents thereof, and that such report is in all respects just and true. A. B. Subscribed and sworn to before me, this .... day of ....... 5 19s ¢ Cc. D., Notary Public, ....cececses County. FORM No. 37. STATEMENT OF AGENT. (Tax Law, § 34, ante, p. 376.) To the County Treasurer of the county of ............2 I, A. B., residing in the county of ............ , agent of ............ a) nonresident creditor, having debts owing to him therein, hereby transmit a statement of such debts owing on May 1, 19.., in pursuance of section 34 of the Tax Law, as follows: NAME OF DEBTOR. Residence. Amount. John Doe............. Town of Afton. + ssesws news aeares oes $945 75 Henry Smith.......... City of Binghamton, tenth ward...... 1,210 15 1 Dated this ........ day of ...... deena das, UOlae A.B STATE OF NEW YORK, ) ' COUNTY OF.........04. 1 A. B., being duly sworn, deposes and says that he is the agent within the county of .........44. 5p LORE a nccaudsasevnccesense ds 3 that said ....50..0.05 is a non- resident of such county, and has debts owing to him therein; that he has read the foregoing statement of such debts subscribed by him and knows the contents thereof, and that the same is a true and accurate statement of such debts. A. B. Subscribed and sworn to before me, this .... day of ....... 5 19: ? Notary Public. 998 Forms. FORM No. 38. NotIcE oF COMPLETION OF ASSESSMENT-ROLL. (Tax Law, § 35, ante, p. 377.) Notice is hereby given that the assessors of the town Of xeeuwensey es (OT, OL ace ace ssece susan die ward of the city of ............ ), have completed their assessment-roll for the current year; that a copy thereof has been left with the undersigned, A. B., at his office (or, as the case may be), i sy wane Raale ape ea (if in a city, specify the street number), where it may be seen and examined by any person interested therein until the third Tuesday of August next, and that on such day, at ........ o’clock in the ........ noon, said assessors will meet at ............ , in the said town (or ward), to hear and examine all complaints in relation to such assessments, on the application of any person conceiving himself aggrieved thereby. Dated this ........ day’ Of osc vee sais , 19.. A. B., c. D., E. F,, Assessors. FORM No. 39. AFFIDAVIT ON APPLICATION TO CoRRECT ASSESSMENT. (Tax Law, § 36, ante, p. 378.) STATE OF NEW YORK, COUNTY OF............ - A. B., being duly sworn, says that he is assessed on the assessment-roll of the town of ............. » for the year 19.., for ............. dollars; that such assessment is incorrect and excessive for the reason that just debts owing by him have not been deducted; that the amount of such debts TS: saul sian soaaroavehy st dollars, and that there is not included in such amount any debts contracted or incurred in the purchase of non-taxable property or securities owned by him or held for his benefit, nor for or on account of any indirect liability as surety, guarantor, indorser, or otherwise, nor for the purpose of evading taxation (or state specifically the respect in which the assessment complained of is incorrect). A. B. Subscribed and sworn to before me, this cso. dayof osesxs , 19.. C. B., Notary Public. FORM No. 40. Notice oF FILING CoMPLETED ASSESSMENT-ROLL WITH CLERK. (Tax Law, § 38, ante, p. 383.) Notice is hereby given that the assessment-roll (or assessment-rolls), for the town (or city) of ............ » in the county of ..........., » for the Forms. 999 year 19.., has been finally completed by the undersigned assessors, and was filed in the office of the town (or city) clerk, at the .............. of ser aeaanigieis » Where the same will remain open to public inspection for fifteen days. Dated this ........ day? OF «wees iraaies > 19.. A. B., Cc. D., E. F., Assessors of the town Of ........066- FORM No. 41. CERTIFICATE OF NEGLECT OR OMISSION OF Duty oF ONE OF THE ASSESSORS. (Tax Law, § 40, ante, p. 384.) STATE OF NEW YORK, ) pas COUNTY OF............ j We, A. B., and C. D., two of the assessors of the town of ............ 5 in the county of ............ » do hereby certify to the board of super- visors of such county, in pursuance of section 40 of the Tax Law, that E. F., the other assessor of such town, has neglected (or omitted) to verify the foregoing assessment-roll, or (state other omission), the cause of such neglect (or omission) being (state the same). Dated this ........ day Of .....cescees , 19.. A. B. Cc. D FORM No. 4la. PETITION OF TowN ASSESSORS To BoaRD OF SUPERVISORS FOR CORRECTION OF ASSESSMENT-ROLL. (Tax Law, § 53, ante, p. 398.) To the Honorable Board of Supervisors OF secatinccuaavalatincticta county: Your petitioners, A. B., C. D. and E. F., assessors of the town of ......... i pursuant to the authority conferred by section 53 of the Tax Law, do re- spectfully show to your board that, I. In the assessment-roll delivered to L. M., supervisor of the town of nieve aealaad » a8 provided by law, for the year ........, a mistake was made in transcribing so that the property therein assessed to D. F. was valued at ..........4. dollars; the actual value of such property as appears upon the original roll signed by the assessors for that year was ........... dollars. II. In the assessment-roll for the year ........ delivered to such super- visor as provided by law, taxable property owned by J. D. has been omitted therefrom. The description and the valuation of such property for the a 1000 Forms. preceding year is as follows: (describe property, giving name of owner, num- ber of acres, valuation, etc.) III. Taxable property owned by A. L., consisting of (describe property) has been omitted from the assessment-roll as prepared by your petitioners for the current year; that the value of such property is ..........- dollars. Wherefore, your petitioners respectfully pray that the value of the prop- erty assessed to D. F. in the assessment-roll for the year ............ be changed from ............ dollars to ............ dollars. That the taxable property omitted from the assessment-roll of the year ee belonging to the said J. D. be included in the assessment-roll for the current year as described and for the valuation fixed as above. That there be placed upon the assessment-roll for the current year the taxable property omitted therefrom belonging to A. L., at a valuation OP iosse gastee dollars. Signed A. B., Cc. D., E. F., Assessors for the town of .....-....5+ VERIFICATION. STATE OF NEW YORK, COUNTY OF............ | = The undersigned, assessors for the town of ............ , do severally depose and swear that they and each of them have read the foregoing petition and know the contents thereof; that the same is true to the knowledge of the deponents except as to the matters therein stated to be alleged on information and belief, and that as to those matters they believe it to be true. A. B. C. D. E. F. Subscribed and sworn to before me, this .... day of ....... , 19.. N. O., Notary Public of the county of .....0.000. ais NoTIce OF PRESENTATION OF PETITION, To J. D. and A. L.: Take notice, The petition hereto annexed will be presented by the under- signed, assessors of the town of ............ , to the board of supervisors of the county of ............ , at its annual meeting to be held in the village Of ss gcicges gees , county of ............ ,on the ........ GAY OF caviar oes sncens + 19.. A. B., Cc. D., E. F., Assessors. Forms. 1001 AFFIDAVIT OF SERVICE. STATE OF NEW YORK, COUNTY OF............ { rome A. B., being duly sworn, says that he is of the age of more than twenty- one years, that on the ........ day Of! 2 ccunwsce ceases 5 Wig Bt ecaeucee anes he personally served the within petition and cnet: upoe J. D. and A. 1. by delivering to and leaving with them true copies of the same. He further says that he knew the persons so served as aforesaid to be the same persons mentioned and described in the petition hereto annexed. A. B. Subscribed and sworn to before me, this .... day of ....... y 19s. N. O., Notary Public of ...... seevee County. FORM No. 42. CoLLEecTor’s WARRANT. (Tax Law, § 56, ante, p. 403.) STATE OF NEW YORK, % COUNTY OF............ The People of the State of New York to R. G., Collector of the town of Akos pees we , of the county of ...........-) greeting: You are hereby commanded to receive and collect from the several persons named in the assessment-roll hereunto annexed, the several sums named in the last column thereof opposite their respective names, on or before the 1st day of February, 19..; and on all taxes paid within thirty days after giving notice of the reception of this tax-roll and warrant, as required by section 70 of the Tax Law, you are hereby directed to receive and collect, in addition to the taxes raised in said assessment-roll, one cent on every dollar or sum less than a dollar of taxes, as your fee for collecting the same. (If the aggregate amount shall not exceed two thousand dollars, two cents on every dollar or sum less than a dollar of taxes as your fee for collecting the same.) On all taxes remaining unpaid after the expiration of said thirty days, you are entitled to receive and collect, in addition to such taxes remaining un- paid, five cents on every dollar as your fees for collecting the same. You are hereby directed, out of the money so collected, to pay over on the first day of ............ next: 1. To the commissioners of highways of said town, the sum of ........... assessed and levied for the support of highways and bridges therein. 2. To the overseer of the poor of said town, the sum of .......... » assessed and levied for the support of the poor therein. 3. To the supervisors of said town, the sum of ........... , for the town expenses and charges assessed and levied on such town. 4. To the treasurer of said county, the residue of the money collected by you. 1002 Forms. You will proceed to collect such taxes in the manner provided by article 4 of the Tax Law. If any person named in such assessment-roll shall neglect or refuse to pay taxes assessed therein to him or the fees for collecting the same, you are hereby authorized to levy and collect such taxes by distress and sale of the goods and chattels of such person within said county, together with the costs and charges of such distress and sale, and for so doing, this shall be your sufficient warrant. Given under our hands and the seal of the county, on this ........ day Oba ht ned os we , 19.. M. F., Chairman. (County seal.) R. 8., Clerk. FORM No. 43. STATEMENT OF TAXES UPON CERTAIN CORPORATIONS. (Tax Law, § 57, ante, p. ear To A. B., Treasurer of the county of ............3 I, C. D., clerk of the board of supervisors of the county of ............ 4 in pursuance of section 57 of the Tax Law, do hereby transmit the following statement: NAME OF CORPORATION. [Districts in which assessed,|,y suation | Azpount Western a aoeeee GO. a: ssa $8,000 00 $65 16 f ‘i 7,000 00 55 16 go T 5,000 00 40 09 Ontario and Western Railroad Co. | ‘'own of. 6,000 00 290 00 do ..| City of.... 8,000 00 25 00 Dated this ........ Gay Of wesc tcieue ss ee eee Cc. D., Clerk of Bowrd of Supervisors. FORM No. 44. ABSTRACT OF TAX-ROLLS, (Tax Law, § 59, ante, p. 406.) To A. B., Treasurer of the county of ............8 I; Cy D., clerk of the board of supervisors of the county of ............ in pursuance of section 59 of the Tax Law, hereby transmit an abstract of the tax-rolls of such county as follows: Amount NAME OF District, tobe Pur To whom to | When to . ‘pose of taxes. COLLECTOR. collected. be paid. be paid. | John Smith ..| Town of Highways and bridges.$1.000! John Brown] Feb, 1, 19.. eee sfaiot $9,000 00 | Support of poor........ 3,000} commission’ Town charges......... 4,000) am eS high State tax oo sciwess eens 1, Michael Flood| Town off He eeeys and bridges. 3, abeaTh Moore stile Silen: 17,000 00 &e. &e, &e. &e, Forms. 10038 FORM No. 45. Notice By CoLLector or Receret or ASSESSMENT-ROLL AND WARRANT. (Tax Law, § 70, ante, p. 414.) Notice is hereby given that I, the undersigned, collector of taxes in and for the town of ............ (OP dices secs g ward of the city of ........... )s have received the tax-roll and warrant for the collection of taxes for the present year, and that I will attend at ............ , in said town (or ward) on (naming three days, if in a town, or five days, if in a city), in each week, for thirty days from the date hereof, from 9 o’clock in the forenoon until 4 o’clock in the afternoon, for the purpose of receiving the taxes assessed upon such roll. Dated this ........ DAY OB some eaesadersloies , 19.. JOHN BROWN, Collector. FORM No. 46. Notice or Tax Sate sy CoLecror. (Tax Law, § 71, ante, p. 416.) By virtue of the warrant delivered to me, as collector of the town of lies ceed tare , I have levied upon and taken possession of the following goods and chattels of R. S. (or in the possession of R. §.), (describe in detail property seized) and I shall sell the same at public auction at in the town of ............ ,» on the ........ day of at wirewees o’clock in the ........ noon on that day. F. M. A,, Collector. FORM No. 47. AFFIDAVIT TO BE ATTACHED TO COLLECTOR’S RETURN oF Unpaip TAXES, (Tax Law, § 82, ante, p. 430.) STATE OF NEW YORK, COUNTY OF............ = A. B., being duly sworn, deposes and says that he is the colleetor of taxes for the s.ecesesuaes » in the county of ............ ; that the annexed is a true account of the taxes remaining unpaid upon the assessment-roll of said town for the year 19..; that the sums mentioned therein remain unpaid, and that he has not, upon diligent inquiry, been able to discover any personal property, out of which the same might be collected by levy and sale. (If such tax is uncollected upon lands assessed to nonresidents, also state the reason why the same was not collected.) A. B., Subscribed and sworn to before me, Collector. this .... day of ....... , 19.. (Signature of Notary.) (Annex statement.) The form of the return is to be prescribed by the state board of tax commissioners. 1004 Forms. FORM No. 48. APPLICATION OF SUPERVISOR FOR EXTENSION OF TIME FOR COLLECTION OF TAXES. (Tax Law, § 85, ante, p. 434.) To the County Treasurer of the county of ............8 Application is hereby made, in pursuance of section 85 of the Tax Law, for an extension of time until March 1, 19.., for the collection of taxes in the town of ............ » for the reason that (state reason for delay). Dated this ........ DAY OL) ase iiscoresisies , 19.. A. B., Supervisor of the town of ......eeeeeee FORM No. 49. ORDER OF TREASURER GRANTING EXTENSION. (Tax Law, § 85, ante. p. 434.) Upon application made to me, in pursuance to section 85 of the Tax Law, by A. B., supervisor of the town of ............ , for an extension of time for the collection of taxes in such town, and the reason stated in such appli- cation appearing to me sufficient, and proof having been made to me that J. F., the collector of such town, has paid over all moneys heretofore collected by him and has made a return of nonresident taxes remaining unpaid, and renewed his bond in a penalty twice the amount of the taxes remaining un- collected, a certified copy of which has been delivered to me, it is hereby Ordered, That the time for the collection of taxes remaining unpaid in such town is hereby extended until the lst day of March, 19.. Dated this ........ ay? Of wis oicseurce 7 AD... E. D., County Treasurer of the county of .....eeees.- FORM No. 50. DeEcIsION OF FENCE VIEWERS WHEN TRANSFER OF TITLE HAS BEEN Mape. (Town Law, § 102, ante, p. 449.) Whereas, a dispute has arisen between D. B. and T. W., adjoining owners of land in the town of ............ , in regard to the division fence between said lands, caused by a transfer of title of a portion of the adjoining lands owned by D. B. (or as the case may be) ; Now, therefore, we, the undersigned fence viewers of said town, having been duly chosen by the said owners to hear and determine the matter, pur- suant to sections 102 and 103 of the Town Law, and having given due notice to each owner of the time and place of this meeting. and having viewed the premises and heard the parties and evidence produced, do hereby determine Forms. 1005 and decide that said D. B. shall maintain and keep ir repair that portion of the fence (here describe it), and that said T. W. shall maintain and keep in repair that portion of the fence (here describe it) ; and we further determine that the value of fence between said lands is $...., and that the said D. B. shall pay to said T. W. $.... as his proportion for said fence (as the case may be), and that each pay one-half (or as the case may be) of the costs and expenses of this proceeding, which are $.... In witness whereof, we have hereto set our hands on this ........ day N. O., P. R., Fence Viewers. FORM No. 51. Notice To CHoose FENcE VIEWER. (Town Law, § 103, ante, p. 450.) T. D. B., Esq.: Pursuant to section 103 of the Town Law, you are hereby required to choose, within eight days after service of this notice, a fence viewer to act with N. O., a fence viewer I have chosen, in determining the dispute which has arisen between us concerning the division fence between our lands; and if you fail so to do, I shall choose both of said fence viewers, as authorized by law. Dated this ........ Gay OF cic ceeinsirg ects , 19.. T. W. FORM No. 52. CERTIFICATE OF APPORTIONMENT OF DIVISION FENCE. (Town Law, § 103, ante, p. 450.) COUN TIL OB is cciaies.« | es TOWN OF ....-.2eeeeee t <7 Whereas, a dispute has arisen between D. B. and T. W., adjoining owners of land in said town, concerning the apportionment of the expense of main- taining (or erecting) the division fence between said lands; Now, therefore, we, the undersigned fence viewers of said town, duly chosen to hear and determine the dispute, pursuant to section 103 of the Town Law, after giving due notice to said owners of the time and place of this meeting, and having viewed the premises, heard the parties and the evidence produced, do hereby determine that the said D. B. shall erect, maintain and keep in repair all that portion of the fence (here describe it), and that T. W. shall erect, maintain and keep in repair all that portion of the fence (here describe it), and that each pay one-half (or as the case may be) of the costs and expenses of this proceeding, which are $.... In witness whereof we have set our hands hereto on this ........ day R. S,, Fence Viewers. 1006 Forms. FORM No. 53. SUBPOENA BY FENCE VIEWER. (Town Law, § 104, ante, p. 450.) STATE OF NEW YORK, CoUNTY OF............ SS.2 TOWN: Of os swansea sware The People of the State of New York to L. L. and O. O.: We, the undersigned, fence viewers of the town of ..........++ , county OF, i ots ee Sanaa , command you and each of you, business and excuses being laid aside, to appear before us, fence viewers of the said town, at (insert the place) on the ........ day of ssisiaguveuce , 19.., at .... o’clock in the a pase’ M., to be examined as a witness in regard to the matter in difference between D. B. and T. W. as to a division fence between property owned by them, and all matters pertaining thereto; and for a failure to attend you will be deemed guilty of contempt, and will be proceeded against as provided by law. Dated this ......., day of .........05. , 19.. N. Q., R. 8. Fence Viewers. FORM No. 54. APPRAISEMENT OF DAMAGES BY FENCE VIEWERS FOR NEGLECT TO BUILD oR Repair Division FENCE, (Town Law, § 105, ante, p. 451.) STATE OF NEW YORK, Whereas, D. B. and T. W. are owners of adjoining lands in said town, and each liable to make and maintain a just proportion of the division fence be- tween said lands, which said fence has been apportioned and divided between them; and Whereas, D. B. has neglected (or refused) to maintain and keep in repair his portion of said fence, by reason of which refusal or neglect his cattle (or as the case may be), entered the premises of said T. W. on the ........ day OF saisd ce ae , 19.., and damaged the property of said T. W.; Now, therefore, we, the undersigned, fence viewers of said town, duly chosen by said parties to appraise such damages, due notice of the time and place of this meeting having been given, and after viewing the premises and hearing the parties and evidence produced, do, pursuant to section 105 (or 108) of the Town Law, hereby appraise the damage sustained by T. W. by reason of the refusal (or neglect) of said D. B. to maintain or repair his portion of said division fence, at $...., to be paid by D. B. with the costs and expenses of this proceeding, which are $.... In witness whereof, we have hereunto set our hands on this ........ day R. S., Fence Viewers. Forms. 1007, FORM No. 55. Notice to Burtp og Repair Diviston FENcE. (Town Law, § 105, ante, p. 451.) To D. B., Esq.: You are hereby notified and required, pursuant to section 105 of the Town Law, to build and maintain (or repair) your portion of the division fence between your lands and the lands of the undersigned, beginning (state where fence is to be built or repaired), within one month after receiving this notice, in default of which I shall cause the same to be built (or repaired) at your expense. Dated this ........ OY OL siscsccsneraurn ars » 19.% T. W. FORM No. 56. Notice to Buitp Fence Destrorep By ACCIDENT. (Town Law, § 106, ante, p. 451.) To D. B., Esq.: You are hereby notified and required, pursuant to section 106 of the Town Law, to build (or repair) your proportion of the following fence, to wit: (here describe the fence) injured (or destroyed) by (state how) within ten days after receiving this notice; in default of which I shall cause the same to be built (or repaired) at your expense.’ Dated this ........ day of ............ 9 19... T. W. FORM No. 57. Notice oF STRAYS TO BE FILED IN OFFIce oF TowN CLERK. (Town Law, § 121, ante, p. 455.) To all Person Whom it may Concern: You are hereby notified, pursuant to section 121 of the Town Law, that the undersigned, a resident of the town of ............ , in the county of re , N. Y., has taken and now has in his possession a strayed horse (or other animal, as the case may be), and the following is a descrip- tion of the said horse (or as the case may be, giving age, color, etc., as near as may be); that such horse (or other animal) was found on premises belong- ing to the undersigned more than five days since, doing damage thereon (or having strayed thereon); that such horse (or other animal) did not come upon such premises because of the refusal or neglect of the undersigned to make or maintain a division fence as required by law; and that he claims a lien on such horse (or other animal) for his damages, charges and costs occasioned thereby. Dated this ........ day Of ssasesevawar 5 19... D. B. 1008 Forms. FORM No. 58. Notice To Owners oF StRAys. (Town Law, § 123, ante, p. 456.) To T. W., Esq.: You are hereby notified, pursuant to section 123 of the Town Law, that the undersigned, a resident of the town of ............ , in the county of daisies cadres » has in his possession upon his inclosed lands (or in pound, as the case may be), the following animals belonging to you (here describe them, and that the same are being held as strays (or beasts doing damage, us the case may be). Dated this ........ day of ............ f19 ais D. B. FORM No. 59. Notice oF SALE or STRAY ANIMALS BY FENCE VIEWERS. (Town Law, § 127, ante, p. 457.) Whereas, a notice of lien was duly delivered to the town clerk of the town Of sevwama acne 73 On the .svciess day Of 2. sdmescenus , 19.., by J. F., the ewner of land in such town, upon certain animals belonging to A. B., of the same town, described as follows: (describe animals), which animals were found by the said J. F. doing damage upon his lands (or strayed upon his enclosed land) ; And whereas, the said A. B. has not redeemed such animals within three months from the delivery of such notice as provided by section 126 of the Town Law; And whereas, application has been duly made to me, the undersigned, a fence viewer of such town for the sale of such animals, as provided by section 127 of the Town Law, Notice is hereby given, pursuant to such section of the Town Law, that such animals will be sold to the highest bidder, unless redeemed by the owner at (name place of sale), in said town of ........ sees, ON the ........ day OE aisiditdnnaeasy dave 9c LD ag BT. gcuecnetrers noon. Dated this ........ day of ............ » 19... L. M., Fence Viewer. FORM No. 60. NoTIcE TO OWNERS OF FENCE VIEWERS’ MEETING. (Town Law, § 129, ante, p. 458.) To T. W., Esq.: You are hereby notified, pursuant to section 129 of the Town Law, that the fence viewers of the town of ............ , in the county of ............ ‘ will meet at my residence, in said town, on the ........ day. Of cians coe ; 19.., for the purpose of assessing the damages done by your beasts on my inclosed lands in said town, and the charges and expenses for keeping the same. Dated this ........ Gay OF og 35 asics ve cs , 19.. D. 8. Fors. 1009 FORM No. 61. DETERMINATION BY FeNcE VIEWERS AS TO DAMAGES BY STRAY ANIMALS. (Town Law, § 130, ante, p. 458.) STATE OF NEW YORK, COUNTY OF............ Ss POW: OF esc ace oa chee ess Whereas, on the ........ day of scivinewnase , 19.., there strayed (or was found doing damage) on the inclosed lands of D. B., in said town, the following animals (here describe them), which said beasts belong to T. W, (or, and the owner of said animals is unknown); now, therefore, we, the undersigned fence viewers of said town, duly chosen to determine the matter submitted to us, after proof of due service of a notice of the time and place of this meeting on the owner of the animals (or on proof that the owner of said beasts is unknown), and after viewing the premises and hearing the parties (or after hearing the claimant) and all witnesses produced, do hereby, pursuant to section 130 of the Town Law, determine that the said animals entered on the inclosed lands of B. D., from the premises of T. W., over that. portion of the division fence which belongs to T. W., to maintain and keep in repair; and that the damages sustained by D. B. are $...., and that the charges for keeping said beasts are $...., and the costs and expenses of this proceeding are $.... (or that the claimant’s lien is not enforceable by reason of; state the reasons). Dated this ........ day of ............ » 19.. N. O., R. S., Fence Viewers. FORM No. 62. APPLICATION TO FENCE VIEWERS AS TO SHEEP KILLED oR INJURED BY Dogs. (County Law, § 118, ante, p. 465.) To A. B. and C. D., Fence Viewers of the town (village or city) of.......... Whereas, on the ........ day OF 3b i qiceiigeens » 19.., sheep and lambs owned by me were attacked by dogs, and ...... killed and ...... injured. I hereby make application to you to inquire into the matter, and issue a certificate of the damage I have sustained thereby, in pursuance to section 118 of the County Law. Dated this ........ Gay OF wiicsiioaaeines » 19.. A. B. FORM No. 63. CERTIFICATE AS TO DAMAGES. (County Law, § 118, ante, p. 465.) COUNTY OF...........- ie TOWN OF.....---0050ee We, the undersigned, fence viewers of the town of ............ » upon the application of A. B., residing in such town, to inquire into the killing and 64 1010 Forms. injury of certain sheep and lambs owned by him, having inquired into the matter, and examined witnesses in regard thereto, do hereby certify that such sheep and lambs were killed and injured by dogs, and in no other way; the number of sheep and lambs killed was ..... ; the number injured was .....; the value of such sheep and lambs killed or injured immediately previous to such killing or injury was $..... , and the value of such sheep and lambs after being so killed or injured was $..... We do hereby further certify that our fees herein amount to $..... In witness whereof, we have hereunto set our hands on this ........ day Cc. D., E. F., Fence Viewers. FORM No. 64. ORDER OF THE OVERSEERS OF A TowN TO REMOVE A PooR PERSON TO THE County Poor Hovuse. (Poor Law, § 20, ante, p. 520.) County of ..... ese eee » 88.2 A. B., having applied for relief to the overseers of the poor of the town OF aditetiniian ac , who having inquired into the state and circumstances of the applicant, and it appearing that he (or she) is in such circumstances as to require permanent relief and support, and can be safely removed, the undersigned overseers hereby order the said A. B. to be removed to the county alms house, to be relieved and provided for, as the necessities of such appli- cant may require, at the expense of the said county (or town, if in a county where the towns are required to support their own poor). Given under our hands, at .......... p PRIS: oxen oe day OF iia ese ¢ 194 Cc. D., Overseers of the Poor. FORM No. 65. SUPERINTENDENTS’ ORDER TO PAY EXPENSES INCURRED BY OVERSEERS PREVIOUS To THE REMOVAL OF A Poor PERSON. (Poor Law, § 21, ante, p. 522.) To the Treasurer of the county of ............¢ Pay to A. B. and C. D., overseers of the poor of the town of ..... aaegepee in said county, .......... dollars, a sum which was necessarily paid out, or contracted to be paid, for the relief or support of E. F., a pauper, previous to his removal to the county poor house, and which sum the undersigned, superintendents of the poor of said county, judged was reasonably expended by the said overseers, before the said pauper could properly be removed, and charge the same to the county (or, if a town pauper, to the town of ......... in said county). Given under our hands, at .......... p PHIBiie ecdes AY OF 6 asicinniaraicieiiewe , 19.. Superintendents of ihe Poor. Forms. 1011 FORM No. 66. SUPERVISOR'S ORDER FOR.A Poor Person wHo Requires TEMPORARY RELIEF. (Poor Law, § 23, ante, p. 523.) The overseers of the poor of the town of ............ » having applied to the undersigned, a supervisor of said town, relative to A. B., a person apply- ing to them for relief, and having examined into the facts and circum- stances, and it appearing that the said A. B., so applying, requires only temporary relief (or, is sick, lame, or otherwise disabled, so that he or she can not be conveniently removed to the county alms-house), the undersigned hereby orders the said overseers to apply ........ dollars per week for the relief of the said A. B., until they have expended the sum of ten dollars, or such sum less than that amount as may be found sufficient for the temporary relief of the said poor person, A. B. Given in said town, the ........ day Of ss asnwes.es sere ,19.. Cc. D., Supervisor. FORM No. 67. Sancrion oF County SUPERINTENDENT FOR THE EXPENDITURE OF A GREATER Sum THAN Ten DoLiars. (Poor Law, § 23, ante, p. 523.) County of .....6...-.. 8s.: The undersigned, one of the superintendents of ‘the poor of the county of sh Sats ke Gece ayia a » having been applied to by the overseers of the poor of the town of ............ , in said county, to give his sanction for the expenditure of a greater sum than ten dollars for the relief of A. B., as authorized by the supervisor’s order hereunto annexed, and having inquired into the facts of the case, and being satisfied that the said A. B. cannot be properly re- moved to the county alms-house, and that he is in need of further relief, hereby gives his sanction to the continuance of the weekly allowance specified in said order, until the expenditure amounts to ........ dollars over and 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 .......... this ........ day of .......... , 19.. c. D., Superintendent of the Poor. FORM No. 68. OrpeR FoR SUPPLIES TO PooR PERSONS AND VERIFICATION OF ACCOUNTS FoR AUDIT. (Poor Law, § 25, ante, p. 525.) AWTON Ni Nosy, aise acd. suns , 19.. TO wcsesceseceed 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 Afton. Overseer of the Poor, 1012 Forms. ScHEDULE. exces Ibs. of tetiasess scoesacnadrcs samy scares awesce tis 3 Be eas we os sioustoane TOS: Of SUGa tie sc eyid ete eea-s Sine ese odie dons Sauda aun te ees Roe TDS. OF HOUE: sis exceark ces «ommuds excinieegt See ae aeew ee Cae ete., ete. VERIFICATION. County Of .........06. daca PR PS Say Ah dS tease oes » being duly sworn, deposes and says that pursuant to the order of the overseer of the poor of the town of ............ the articles named in the foregoing schedule were furnished to ............ ivckeifed Be haecevate , the person mentioned in such order, and that he (or she) actually received such articles in the amount therein specified, and that the prices charged therefor are reasonable and not above the usual market rates. Subscribed and sworn to before me, this .... day of ....... 5 ADs FORM No. 69. Form or OvEeRSEER’s BooK SHOWING STATISTICS RELATING TO PooR PERSONS RELIEVED. (Poor Law, § 26, ante, p. 526.) (Nore.—Section 26 of the Poor Law contemplates the keeping by overseers of two forms of books, the one containing statistics relating to the poor persons relieved and supported, and the other containing a statement of the amount expended. This section also provides that the overseer shall keep in such books a statement in regard to children placed by them in families. No form is required for this statement, nor need a separate book be kept. Such statement can be made in either of the books required by this section.) Name of Cause rendering Amount of Age. poor person. Sex. relief necessary. | relief furnished. Native Country. John Smith.... 65 | Male. United States ea Intemperance...... $ 1018 Forms. ‘en sieges - ame { “ABT 100g 949 JO GET Ue}7008 04 4JUBNHsINd |‘dolnsves3 AyUNOD |* ‘EI ‘61 -3deg | OS ZT * * Pepmoosqs’ pey Oy : 2 A “H'p Jo Aj1edoid jeuos *s08]A10 -1ed 64} JO ofes oy} Wogg | * wate Boe sam | ‘et 'st “adeg 09 &I -dns"q"p Joaopao Ag [teresss ttt av | 6r ‘sLeung | oo of¢ "+ Jorfea Auvsodure; Joy |‘lornsver} A4yUNOD |°-6T ‘OL ounce 00 O1$ “AION NG WEG TO “TOYA OF, ‘ ‘qno pred. : . ‘paajeoea |‘paajeoor Aeuoul TUM — | kono san aneaky: JUNIE FBGA UO WIOYA UlOAT aan " P REneniy (9g *d ‘azun ‘9g § ‘wey 100g) ‘A00d FHL JO SUMASUAAQ AM Lda aa OL SENNODDW ao SHOOT ‘OL °ON WUOTZ 1014 Fors. FORM No. 71. ACCOUNTS OF OVERSEERS OF THE Poor TO BE RENDERED TO TOWN BOARDS OB Common COUNCIL. (Poor Law, § 26, ante, p. 526.) To the Town Board of the town of ............2 Account of ............ , overseer of the town of Afton, for amounts received and expended for the support and relief of the poor during the year ending ............ , 19.. Receipts. June 10. From county treasurer ...........-: cece cere eee eeee on $10 00 Sept. 15. From George L. Church, for sale of property of John Smith, who had absconded .........+6- se wisuerelb waneeeeres 12 50 Expenditures. June 15. To Richard Brown, for groceries............++-+++0005 $10 00 Sept. 16. To county treasurer, pursuant to Poor Law, § 135.... 12 50 Chenango County, ss.: Mie we Cee eSae , overseer of the poor of the town of Afton, 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 CNMING wis case wieeues , 19.., and that the amount stated to have been ex- pended were actually and necessarily expended by him for the purposes speci- fied, during such time. Subscribed and sworn to before me, this ..0¢ day Of ssavesay 19.5 FORM No. 72. REpPoRT OF OVERSEERS OF THE Poor, (Poor Law, § 27, ante, p. 528.) (Note.—The report is to contain the account prescribed in Form No. 71, brought down from the meeting of the town board before the annual town, meeting, to the second annual meeting of the town board held before the annual meeting of the board of supervisors; to such account should be added the following statement.) There is in the town poor fund of the town of ............ , on this date, the sum of ........ dollars and ........ cents. (If a deficiency exists, state amount. ) The sum of ........ dollars and ........ cents is necessary for the temporary and out-door relief and support of the poor of the town of Aese sees , for the year beginning ............, 19.. Forms. 1015 Such estimate is based upon the following facts. (Here state items for which it will be necessary to raise money.) Dated ............ , 19.. C. D., Overseer of the Poor. We hereby approve the foregoing account and estimate of the sum required for the support and relief of the poor of the town of ............ for the year beginning ............ 5 19.5 Dated sss sie were » 19.. D. E., Supervisor. F. G., Justice of the Peace. H. I ‘ “ “ “ J. K., “ = ty L. M., “ “ec “ N. 0., Town Clerk, FORM No. 73. Report OF SuPERVISOR oF TOWN TO CLERK OF BoaRD oF SUPERVISORS IN Towns WHERE ALL THE POOR ARE NOT A COUNTY CHARGE. (Poor Law, § 137, ante, p. 530.) The supervisor of the town of ............ > in the county of ............ reports to the clerk of the board of supervisors, pursuant to section 137 of the Poor Law, as follows: The number of paupers relieved or supported in said town during the year preceding the ........ ay OL putes sitcine dane , 19.., as appears from the accounts of the overseers of the poor, was.... ......++ Of the persons thus relieved the number of county paupers was... .......- The number of town paupers........... cece cece cece eect n nee teen ence The whole expense of such support Was.............e2ee secure Gove s ioe Allowance to overseers for support of county paupers..........+- sere eeee Allowance to overseers for support of town paupers............5 seeeeeee Allowance to overseers for their services...........-++++e0e- st. ucsensein Allowance to overseers for transportation of paupers.........--. ..s.se- Allowance made to justices......... ccc cece eee cee etree eee cette Allowance to physicians, for medicine and attendance............ -.-..+5- Of the whole number of paupers relieved by the overseers during the year, they report that there were ........ foreigners, ........ idiots, and ....... mutes. The number of paupers under their charge, at the time of auditing their accounts, is stated at ........ , of which ........ were males and anabensihiceadne, females. (If there are any other charges they should be specified.) I hereby certify that the foregoing is a correct abstract of the accounts of the overseers of the poor of the town of ............ , for the year ending TNE, csvedeieecs day Of sss. ssaies es , a8 the same have been settled by the board of town auditors. Dated this ........ ay? OF asccbcsaaene 4 5 ADEs A. B., Supervisor. 1016 Forms. FORM No. 74. Notice From ONE Town To ANOTHER (IN A CoUNTY WHERE THE TowNS ARE LIABLE TO SUPPORT THEIR OWN Poor), REQUIRING THE OVERSEERS OF THE TowN IN WHICH THE Poor PERSON Has A RESIDENCE TO PROVIDE FoR His SuPPorT. (Poor Law, § 42, ante, p. 536.) County of .......eee ee 88.5 To the Overseers of the Poor of the town of ............ , in said county: You are hereby notified that A. B., a poor person, who has gained a settle- ment in your town, to which he belongs, is in the town of ............ , in said county, and is supported at the expense of the said town of ........... ; for which the undersigned are overseers. You are, therefore, required to provide for the relief and support of the said poor person. Given under our hands at .......... g EDS: soccer day of .......... , 19.. E. F., c. D., 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.) FORM No. 75. NoTvice OF OVERSEER OF THE Poor TO APPEAR BEFORE SUPERINTENDENT OF THE Poor AND CONTEST ALLEGED SETTLEMENT OF A Poor PERSON. (Poor Law, § 43, ante, p. 537.) County of ............ 88.2 To the Overseers of the Poor of the town of ............ , in said county: Please take notice that the undersigned, overseers of the poor of the town OR ie iuhie eee ane , in said county, will appear before the superintendents of the poor of said county, at the poor house (or, other place, as may be designated), on the ........ Day Of sic2 nae ae one , at ten o’clock in the forenoon, to con- test the alleged settlement of A. B., a poor person, as set forth in your notice OF The ace sonst oars 5 Was Dated. oi aesess wey 1D J. H., I. J., Overseers of the Poor of the town of .........+4. FORM No. 76. SuBPOENA IN CasE OF DISPUTE CONCERNING SETTLEMENT OF Poon Persons. (Poor Law, § 44, ante, p. 538.) County of ............ 88.: The People of the State of New York to C. D., greeting: You are hereby required, personally, to appear before the undersigned, superintendents of the poor of the said county, at the poor house (or, such other place as is designated in the notice), on the ....... day of ........ sig . Forms. 1017 19.., at ten o’clock in the forenoon, to testify in behalf of- the overseers of the poor of the town of ............ , in said county, concerning the alleged settlement of A. B., a poor person. Dated at ..... eoarenanbve » this ........ day of ..........-. ; 19... eC Cem mee w eee ener reer ene e nae eeenene Buperintendonta of the Poor. FORM No. 77. DEcISION OF SUPERINTENDENTS CONCERNING THE SETTLEMENT OF Pook PERSONS. (Poor Law, § 44, ante, p. 538.) County of ..........-- 88.2 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 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 ............ » in said county, concerning the settlement of A. B., a poor person; and upon such hearing of the facts, the undersigned hereby decide that the legal settlement of the said A. B. 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 ............ , the prevailing party, the sum of ........ dollars, costs of said proceeding, by them expended. Given under our hands and seals at ............ g DIS: ecciecvine day of ek eee 84 Gites » 19. ee Re ee {L. s.] Sleifeiee cbt ung tase cticeass Meee ensaee Ce 8 AES {L. s.] Sahib d arsasid Gstustusl Baeinduienboeee eagehe [u. s.J Superintendents of the Poor. FORM No. 78. SUPERINTENDENTS’ NotTICcE THAT Poor Person WILL Be SUPPORTED AT THE EXPENSE OF A TOWN IN A CoUNTY WHERE THE Towns Support THEIR Own Poor. (Poor Law, § 46, ante, p. 539.) County Of. .....ceeeeee 88.2 To the Overseers of the Poor of the town of ............ , mm said county: A. B., a 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 ............ , 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 overseers of said town, within 1018 Forms. gravee Seprendaelis (here insert such time, not less than twenty days, as the super- intendent shall appoint), after the service of this notice, show that the said town of ............ ought not to be so charged. Dated at ....... Biviaws UME acme wae MAY 08 evieseae scan , 19.. A. B., Cc. D., E. F., Superintendents. FORM No. 79. DECISION OF SUPERINTENDENTS AFTER RE-EXAMINING SETTLEMENT oF PooR PERSON, ON APPLICATION OF OVERSEERS. (Poor Law, § 46, ante, p. 539.) County of ............ 88.5 The undersigned, superintendents of the poor of the said county having on application of the overseers of the poor of the town of ............ , on whom the notice of which the annexed is a copy was served, re-examined the subject-matter of the said notice and taken testimony in relation thereto, do hereby decide that the poor person, A. B., therein mentioned, has a legal settlement in the town of ............ , to which, as such poor person, he belongs (or, has not a legal settlement in said town of ......... ). Given under our hands, at ..... svoravsieusia 9 BAIS cceccietiguncons day of ........... 19.. A. B., c. D., E. F., Superintendents of the Poor. FORM No. 80. Notice oF DECISION OF SUPERINTENDENTS AS TO SETTLEMENT OF PooR PERSONS. (Poor Law, § 49, ante, p. 540.) TOs scat tsiaste ths BN , Overseer of the Poor of the town of ........00528 Take notice, that a decision of the superintendent as to the legal settlement of A. B., a poor person, of which the annexed is a true copy, was on the ...... day’ Of dscs sanccness made and a duplicate thereof filed in the office of the county clerk of ........... county, on the ........ day of .........-. , 19.. c. D., Superintendent (or, Overseer, as the case may be). (There is no express requirement that a notice of the decision of the super- intendent should be served on the defeated parties; but section 49 of the Poor Law (ante, p. ), authorizes an appeal within thirty days after the service of « notice of the decision. The service of a notice similar to the above form is, therefore, required to limit the time of appeal.) Forms. 1019 FORM No. 81. Notice or APPEAL To County Courr From DECISION oF SUPERINTENDENTS OF THE Poor. (Poor Law, § 49, ante, p. 540.) COUNTY COURT—County or In the Matter of the Settlement of A. B., a Poor Person. Take notice that the undersigned, E. F., overseer of the poor of the town Of gosesanmewee » appeals to the County Court of ............ county from, the decision of C. D., superintendent of the poor of such county, made as to, the legal settlement of A. B., a poor person, on the ........ day of Siasieseasvarantneet aes , 19.., and demands a new trial of the matters in dispute as to such settlement in the said County Court, without a jury. Dated seosscnswanss 3 19 ss, E. F., Overseer of the Poor of the town of ............ To G. H., Overseer of the Poor of the town of ..........0- (or other party imterested therein). FORM No. 82. Notice or Improper REMOVAL oF Poor PERSON FROM A TowN, CITY oR County. (Poor Law, § 51, ante, p. 542.) County of ... ce... eee 8s.: ERG: Gis sanigessnanpreness » Superintendent of the Poor of the county of ............ (or Gubriaee of the Poor of the town of ............ yea You are hereby notified that A. B., a poor and indigent person, has been improperly sent (or, carried, transported, brought or removed, or enticed to remove, as the case may be) from the said county (town or city) of anbbaisiiskwionatenaie to the county (town or city) of ............, without legal authority, and there left, with intent to make the said county (town or city) Of sexvwaeeveeas , to which the said removal was made, chargeable with the support of the said poor person. You are, therefore, pursuant to the provi- sions of section 51 of the Poor Law of the state of New York, required forth- with to take charge of the said poor person. Given at .........60, » in said county of ............ gp TNO? ise aero day Of staucenneace , 19.. Superintendents of the Poor of the county of ..........46. (or, Overseers of the Poor of the town Of ............ ). 1020 Forms. FORM No. 83. Notice or DENIAL oF REMOVAL OF Poor PERSONS. (Poor Law, § 52, ante, p. 543.) County Of ..ccsceeeene 88.2 To the Superintendents of the Poor of .........00 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 A. B., as mentioned in your notice to the undersigned, in the manner and with the intent in said notice alleged. Given under our hands, at .......... » this: 5.550 day of Sere m eee rere nme er ee ener eee nese FORM No. 84. ACCOUNTS OF OVERSEERS OF THE Poor FoR MoNEYS RECEIVED FROM PUTATIVE FaTHERS AND Parp OUT FoR THE Support oF BASTARDS. (Poor Law, § 68, ante, p. 550.) To the Town Board of the town of ...........--56 The following is an account of moneys received and paid out by me on account of bastards during the year ending ............ , 19.. Receipts. Jan. 10. From J. N., putative father of R. O., bastard.......... Bio ssia see Jan. 12. From J. A., putative father of K. L., bastard.......... .....eee Expenditures. Jan. 15. To O., for professional attendance and medicine to M. O., mother of R. R., bastard........... 0. ccc eee eee ees D dake eauivs Jan. 16. To J. H., for groceries and fuel to M. O., mother of R. O., Bastard: sais byl we (ate wae Ms Ee ew ee RRS ee eR Dated: oss s-iees ness , 19 A. B., Overseer of the Poor of the town of ...........-. County of .......e ees » 88.2 A. B., overseer of the poor of the town of ............ , being duly sworn, deposes and says that the foregoing is a true and just account of all the moneys received and expended by him for the support of bastards and the maintenance of mothers of bastards during the year ending 19.. That the amounts therein stated to have been received by him were all the amounts actually received, and that the amounts therein stated to Forms. 1021 have been expended were actually and necessarily expended by him for the purposes therein specified. A. B., Overseer of the Poor of the town of .........6+. Subscribed and sworn to before me, this .... day of ....... » 19.. FORM No. 85. AGREEMENT UPON COMPROMISE WITH PUTATIVE FATHER OF BASTARD. (Poor Law, § 74, ante, p. 554.) Know all men by these presents, that whereas, complaint was made on the: ces cane day Of secenseecscagew ¢ Wes. DEGOTE: cs vacess0mens » Esq., a justice of the peace of the county of ............ ap DYE sasentoa-susuauaisvanscsuivt > 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 saxcssccmaes 5 WDivey delivered, and which said child is) chargeable to said county; and Whereas, the said ............ was arrested on said charge, and brought before ............ AT scale sespeapastecrases » justices of the peace of said county, BNE) sicngacuning, , 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 ........... > 19.. Signed, delivered and duly acknowledged in the presence of and before ...... r Justice of the Peace. FORM No. 86. Norice or COMMANDER OF PosT oF GRAND ARMY OF THE REPUBLIC, AS TO RELIEF OF Poor SOLDIERS, ETC. (Poor Law, §§ 80 and 81, ante, p. 569.) TROP saverssaisnenebstesscazs » Superintendent of the Poor of the county of ............ (or Overseer of the Poor of the town or city of ............ ): Please take notice that the ............ post of the Grand Army of the Republic in the town (or city) of ............ » county of 1022 Fors. do undertake the supervision of the relief of the following named veterans of the war of the rebellion, and their families: ............ 0.0.22: ee eee eee rere FORM No. 87. REQUESTS OF OFFICERS OF GRAND ARMY PosTs FOR THE RELIEF OF VETERANS. (Poor Law, §§ 80 and 81, ante, p. 569.) YL re , Superintendent of the Poor of the county (or Overseer of the Poor of the town) of ............2 Whereas, ..........+- , a veteran of the late war of the rebellion, is (state reasons for necessity of relief; i. ¢., disability, unable to work, etc.), and is in need of relief; Therefore, in pursuance of section 80 of the Poor Law, and the recom- mendation of the relief committee of the ............ post, G. A. R., of the town (or city) of ............ » which is hereto annexed, we hereby request that you grant the said ............05 relief to the amount of cedeala eed ees dollars per week. Dated: soins saw sears 5 19s A. B., Commamder of ......+++45 Post, G. A. R. B. C., Quartermaster. (The recommendation of the relief committee of the post is to be attached, and may be in the following form) : Having examined the necessities of ............ , a veteran of the late war. of the rebellion, and it appearing that the said veteran is, because of sickness, unable to care for himself and is in actual need of assistance, we, the undersigned, members of the relief committee of the ............ post. of the Grand Army of the Republic in the town (or city) of ............ do hereby respectfully recommend that relief be granted to the said ............ to the amount of ............ dollars per week. Dated, os: aes acevas ee C. D., D. £., E. F. Forms. 1023 FORM No. 88. Notice or Division or Town into Hianway Commissioner Districts. (Highway Law, § 25, ante, p. 593.) Notice is hereby given that the undersigned members of the town board of the town of ............ » county of ............ , at a special (or regu- lar) meeting of such board held on the ........ day Of ssws-cxaee sos gl Dives have divided such town into _(two or) three highway commissioner districts, pursuant to section 25 of the Highway Law. The boundaries of such districts are as follows: District No. 1. (Briefly and accurately describe boundaries. ) District No. 2. (Briefly and accurately describe boundaries.) District No. 3. (Briefly and accurately describe boundaries. ) A. B., highway commissioner, is assigned to district No. 1; C. D., highway commissioner, is assigned to district No. 2; E. F., highway commissioner, is assigned to district No. 3. Dated ccvcaves eves 19e4 Justices of the Peace. FORM No. 89. STATEMENT OF COMMISSIONER oF HIGHWAYS TO SUPERVISOR AS TO UNPER- FORMED HigHWAyY LABOR. (Highway Law, § 4, sub. 1, ante, p. 594.) To D. L., Supervisor of the town of ............8 Upon an inspection made by me of the highways and bridges in each highway district in the town of ............ , between the Ist and 15th jays of September, 19.., pursuant to subdivision 1 of section 4 of the Highway Law, I find that, in my opinion, the labor assessed in the following highway listrict has not been entirely performed therein. The following is a state- nent containing the districts in which such labor has not been performed and the number of days’ labor, which, in my opinion, are in arrears, and also a list of the persons and corporations owning property therein, and of the number of days’ labor still to be performed by such persons and corpo- cations: District No. 1. Cotal number of days’ labor unperformed.............0+++ sees 120 Days’ Days’ Names of property owners. labor labor assessed. unperformed. fohn Brown, .vce2.stese reese sme eseiuesgeTs . 38 9 (In the same manner as to other property owners.) Dated this ........ AS OE: ecccsvcuicinse ssakiatca , 19.. JOHN DOOLEY, Commissioner of Highways, _ 1024 Forms. FORM No. 90. NoTIceE OF TRANSMISSION OF STATEMENT OF UNPERFORMED LABOR, (Highway Law, § 4, sub. 1, ante, p. 594.) Take notice: That the undersigned, commissioner of highways of the town of .......... has this day transmitted to D. L., supervisor of the town of ............ >a statement containing the names of all property owners in the several high- way districts in the town of ............ , who have been assessed for high- way labor therein, and who, in my opinion, have failed to perform the full amount of the highway labor so assessed. The said D. L., supervisor of the town of ............ » Will, on the ........ day of ....000sc00. , in the village of ............ , State of New York, hear all persons interested in the performance of labor on the highways in each of such districts. Dated this ........ Day OF sssees stasis , 19.. JOHN DOOLEY, Commissioner of Highways. FORM No. 91. CONSENT OF TOWN BOARD. (Highway Law, § 10, ante, p. 606.) COUNTY, OF ietied sete cadens ce TOWN SOR 5 Aeiehsiecscpsuataveserstnsenuass ae \ = At a special meeting of the town board of the town of ............ 7 called by the supervisor (or town clerk) thereof, held on this ........ day of weitere Cepia. » 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 immediately rebuilt (or repaired) according to law. : (Town board sign here.) TowN CLERK’s CERTIFICATE TO TRANSCRIPT. TOWN OF css ssestassca scene ess les : Orrice or Town CLERK, m 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 eniecanaSn on 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 sexsccaetens , 19.. O. P., Town Clerk, Forms. 1025 FORM No. 92. REQUEST For SPECIAL SEssION oF TowN Boarp To AuDIT EXPENSES. (Highway Law, § 11, ante, p. 607.) To the Supervisor (or Teun Clerk) of the town of ....seeeeees > m the county Of ............2 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 ........ day of ............ » 19.. Dated this ........ day of .....eeerees, 19.. A. B,, Cc. D., E. F., Commissioners of Highways. FORM No. 93. CERTIFICATE OF SUPERVISOR AND TOWN CLERK. (Highway Law, § 11, ante, p. 607.) COUNTY OF 5 cssassiees nace cess ) oe TOWN OF .......... Mae wawies yew i The undersigned, supervisor and town clerk of the town of ............ do hereby certify that at a special session of the town board this day weld, 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 2cs05 ciwenvs » 19.., the following bills and accounts were audited and allowed, with interest: Date. IN WHOSE FAVOR. Nature of work done and Amount material furnished. allowed. Dated this ........ day of ..csiewceess 9 Dis ° R. S., Supervisor. oO. P., Town Clerk. 65 1026 Fors. FORM No. 94. ACCOUNT AND CERTIFICATE OF COMMISSIONERS OF HIGHWAYS. (Highway Law, § 12, ante, p. 609.) THE TOWN OF ............ , To L. M., Dr. January, 19.., to............ (days’ labor on)..............45- Die caine January, 19.., to............ (feet: of plank) cciscoseasciascuye savages PROG ssrtacuiscann sy este dacoas aca sss ve Gets aloenah aan anh tv ousnanievay deacon day etouarateegaR oa canpeeion Biceaseactd (Verification a3 in Form No. 171, post.) COUNTY OF séascicncacsenssccus 8.2 TOWN OF 2.600% tonncscewane aes \ * The undersigned, commissioners of highways of said town, do hereby certify that in the foregoing account of L. M., the services mentioned were actually performed, and the material mentioned was actually furnished, and the same was so performed and furnished at our request. Dated this ........ day OF cis secisewianas 5 A HOD B., D, Commissioners of Highways. FORM No. 95. CoMPLAINT THAT TOLL-BBIDGE 1S UNSAFE. (Highway Law, § 13, ante, p. 609.) TOWN (OF 2... 000 oes sia cee tras { ae COUNTY. (OR igsc ies masigecanoanens 7 L. M., being duly sworn, complains on oath to the commissioners of high- ways of the town of ............ , in the county of ............ , that he believes the toll-bridge belonging to ............ situated on the (give name of stream), at (describe place), has become and is unsafe for public use and travel; and that the reasons for his belief are as follows (set forth reasons). L. M. Subscribed and sworn to before me, this .... day of ........ , 19.. G. H., Justice of the Peace, Forms. 1027 FORM No. 96. Notice To OWNERS OF TOLL-BBIDGE. (Highway Law, § 13, ante, p. 609.) To (owners or agent of the owners, acting as agent in respect to such bridge, as the case may be): You are hereby notified that the commissioners of highways of the town of a dcalanatle we wes as , in the county of ............ have, on complaint made, care- fully and thoroughly examined the toll-bridge situated on the ............ ; at (describe the situation), and found it to be unsafe for public use and travel. (State briefly wherein it is unsafe.) Dated this ........ day of ......... sxx ED x ” EHO b FAow ‘oy: of Highways. sities wm FORM No. 97. APPLICATION TO Lay Water PIPES IN THE HIGHWay. (Highway Law, § 14, ante, p. 610.) To the Commissioners of Bighwnoys im the town of ............ » in the county of ............2 The undersigned, an inhabitant of the said town of ............ .» does hereby make application to you for permission to lay and maintain water pipes and hydrants (or drainage or sewer pipes) under ground, within the highways of said town, pursuant to section 14 of the Highway Law, as follows: (Here state where the pipes are proposed to be laid.) Dated this ........ day’ Of 225 seisewaes 5 ADs L. M. FORM No. 98. Consent to LAY AND MAINTAIN WATER-PIPES IN HiaHway.. (Highway Law, § 14, ante, p. 610.) The undersigned, commissioners of highways of the town of ............ in the county of ............ , on the written application of L. M., do hereby consent that the said L. M. lay and maintain water-pipes and hydrants (or drainage and sewer-pipes) under ground within the highways of said town as follows: (Here state where the pipes are to be laid.) Subject, however, to the following conditions: That the said L. M. will replace all earth removed, and leave the highway in all respects in as good condition as before the laying of said pipes; that he 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 high- way; that upon notice by the commissioners, the applicant will make any ‘repairs required for the protection and preservation of the highway; that {upon his default, such repairs may be made by the commissioners at the 1028 Forms. expense of the said L. M., 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 the commissioners of highways of such town may, upon' the default of the said L. M., his assigns or legal representatives, revoke this consent and remove therefrom such pipes or hydrants. Dated this ........ day of ...... weiawieg 19%, A. B., c. D., E. F., Commissioners of Highways. I, the undersigned, supervisor of the said town of ............, do hereby approve of the foregoing consent to L. M. G. H., Supervisor. I, the undersigned, applicant above mentioned, do hereby consent to con- ditions contained in the foregoing consent. L. M. FORM No. 100. COMMISSIONER’S REPORT TO First MEETING or Town Boaprp. (Highway Law, § 19, ante, p. 615.) The undersigned, commissioners of highways of the town of ............ in the county of ............ , hereby render to the town board of said town, in pursuance of section 19 of the Highway Law, the following report: 1. The highway labor assessed in said town for the year ending on on ti a ds ibs , 19.., was .... days; and the highway labor performed in said town during the said year was .... days, as appears by the reports rendered to us by the several overseers of the highways in said town. 2. The said commissioners have received during the said year the follow- ings sums of money for fines and commutations, and from other sources: Date. FROM WHOM RECEIVED. On what account. Amount. 3. They have paid out during said year, for which they have receipts in full, which are hereto attached, the following sums: Date. | TO WHOM PAID. On what account. Amount. | Forms. 1029 4. The improvements which have been made on the highways and bridges in said town during said year are as follows: (Specify improvements.) And the highways and bridges in said town are (specify the condition they are in). Dated this ........ day of A. B., c. D., E. F., Commissioners of Highways. FORM No. 101. Commissioners’ REPoRT To SECOND MEgEtING or Town Boarp. (Highway Law, § 19, sub. 3, ante, p. 615.) The undersigned, commissioners of highways of the town of ............ in the county of ............ » hereby render to the town board of ania town, pursuant to subdivision 5 of section 19 of the Highway Law, the following report: 1. The following improvements are necessary to be made on the highways and bridges in said town during the next fiscal year, viz.: (Here specify the improvements deemed necessary.) 2. The probable expense of making such improvements beyond what the labor to be assessed will accomplish, is by us estimated at $.... Dated this ..... wae Gay Of cssaviinseecy 195 A. B., Cc. D., E. F., Commissioners of Highways. FORM No. 102. HicHway CoMMISSIONERS’ List oF NONRESIDENT LaNps. (Highway Law, § 32, ante, p. 624.) The following is a list and statement of the contents of all lots, pieces or parcels of land within the town of ........... , in the county of ........... owned by nonresidents therein, made by the undersigned, commissioners of highways of said town: ' iat ~ i I NAME OF TRACT OR |. , | 8 _ |S & |= 2 | Valua- PATENT. 22) eS |e eo: | ommebin) oe ee | eon, 4 am 14 & a Dated this ........ day of ............ , 19.. A. B., Cc. D, Commissioners of Highways. 1030 Fors. FORM No. 103. APPEAL BY NONRESIDENT FROM ASSESSMENT FoR HIGHWAY LABOR. (Highway Law, § 36, ante, p. 629.) COUNTY COURT—County or ALBANY. In the Matter 1 of the Assessment of highway labor of L. M. a nonresident owner of . unoccupied lands in the town of L. M., a nonresident owner of unoccupied lands in the town Ol giasgn esos county of ............ , considering (or T. W., agent of L. M., a nonresident owner of lands in said town, who considers) himself aggrieved in the assess- ment for highway labor by the commissioners of highways of said town, upon the following described lands, to wit: (Here describe them as in the list made by the commissioners) does hereby appeal from the assessment of said commissioners to the county judge of said county. Dated this ........ day Of anecasssezss ,19.. L. M. FORM No. 104. Novice BY THE OWNER OR His AGENT, TO THE COMMISSIONERS, OF THE APPEAL. (Highway Law, § 36, ante, p. 629.) To A. B., C. D., E. F., Commissioners of Highways of the town of ..........: You are hereby notified that, considering myself aggrieved by your assess- ment for highway labor of the land owned by me in said town, I have this day appealed to the county judge of the county of ............ , who will on the ........ day of ............ , at .... o’clock in the ........ noon, at highs Sei Chatea Soa , in the village of ............, hear and decide on said appeal. Dated this ........ day of ............ » 19.. L. M. FORM No. 105. New ASSESSMENT BY OVERSEER OF HIGHWAYS. (Highway Law, § 42, ante, p. 631.) The amount of labor assessed on the inhabitants of highway district No. .., town: Of ona ceases ; being deemed by me, the undersigned overseer of highways in said district, insufficient to keep the highways therein in repair, Fors. 1031 I do therefore, pursuant to section 42 of the Highway Law, made a further assessment as follows: NAMES. Days. NAMES. Days. J.D T. W. R. 8. B. R. Dated this ........ day of ............ , 19.. L. M., FORM No. 106. ORDER OF COMMISSIONERS PERMITTING PLANTING OF TREES OR CONSTRUCTION oF SIDEWALKS. (Highway Law, § 43, ante, p. 631.) COUNDY: OF saccgeSacses tues oiey TOWN OF ooics ned eiaseace sue nes We, the undersigned, commissioners of highways of said town, do hereby authorize L. M., at his own expense, to locate and plant trees and locate and construct sidewalks along the highway adjoining his premises, in highway district No. .... in said town, according to a map or diagram hereto attached and made a part of this order. Dated this ........ day Of 60. vvese yes 19s. A. B., Cc. D., E. F., Commissioners of Highways. Mar orn DiacraM SHOwING LocATION oF SIDEWALK AND TREE PLANTING. (Here make a diagram showing location of sidewalk to be laid and trees to be planted.) Dated this ........ day of ........-64. > 19.. BOP B., D., F., Commissioners of Highways. FORM No. 107. APPLICATION TO EXPEND Hiaguway Tax UPON SIDEWALKS. (Highway Law, § 45, ante, p. 633.) To the Commissioners of Hieghnngs of the town of .........-.065 , in-the county Of ...---ee eee? We, the undersigned, a majority of the inhabitants of highway district No. ...., in said town of ............ » subject to assessment for highway 1032 Forms. labor therein, hereby make application and request that you authorize the expenditure of (not more than one-quarter) of the highway labor or com- mutation money of said district to the construction, improvement and repairs of the sidewalks in said district for the term of (not exceeding three) years pursuant to section 45 of the Highway Law. Dated this ........ GAY Of. dcccundceed ,» 19.. De . M. . 8S. W. i) FORM No. 108. AUTHORITY TO ExPenD Highway TAX FOR SIDEWALKS. (Highway Law, §§ 45, 46, ante, p. 633.) COUNIY OR 52h hcedsaatae Ey TOWN OF ie ces eae nein cree ese niin We, the undersigned commissioners of highways of said town, hereby authorize the overseer of highway district No. ...., in said town, to antici- pate and expend (not exceeding one-quarter) of the highway labor commuta- tion money received therefor, in said district, for the term of (not exceeding three) years, in the construction, improvement and repair of the sidewalk within the limits of said district, pursuant to sections 45 and 46 of the Highway Law. Dated this ........ day of ....... efaseiess gy LD ass HOD B., . Dd, Commissioners of Highways. FORM No. 109. CERTIFICATE OF ANTICIPATION OF HicHway TAX For WorK ON SIDEWALK. (Highway Law, § 46, ante, p. 633.) COUNTY. (OF o cissusiaaiecnnels dig tints eie \ asi TOWN OP si cicincncacts pehane diet I, the undersigned, overseer of highway district No. ...., in said town of Suk Ba at saris rae , hereby certify that R. S. has anticipated and worked (or commuted for) ........ days, by constructing, improving and repairing the sidewalk within the limits of said district, pursuant to section 45 of the Highway Law. Dated this ........ day of ............ y 19.4 L. M, Overseer of Highway District No. .... Forms. 1033 FORM No. 110. ASSIGNMENT TO BE ENDORSED oN THE BACK OF CERTIFICATE IN CASE oF TRANSFER. (Highway Law, § 47, ante, p. 634.) ; For value received I hereby assign and transfer all my right and interest in and to the within certificate of anticipation to J. B., grantee of the real property upon which such highway labor is assessable. Dated this ........ day of ............ » Wis R. 8S. FORM No. 111. CERTIFICATE of ABATEMENT oF HigHway Tax oN ACCOUNT OF WATERING TrougH. (Highway Law, § 48, ante, p. 634.) COUNTY: O} issiccss. hac wwe tvones 44 8s. TOWN JOP: eihawse eigaeea Sees Cae og This is to certify that J. D., residing in highway district No. ...., in the town of ........-4.6. » has constructed and maintained on his own land in such district a watering trough, in accordance with section 48 of the Highway Law, and that because thereof he is entitled to an abatement of his highway taxes in such district in the sum of three (3) dollars, which amount should be deducted from the amount to be paid by him on account of his assessment for highways in the year 19.. In witness whereof we have this ........ day of ............ , 19.., set our hands. Commissioners of Highways. FORM No. 112. APPLICATION FOR CHANGE oF SysTEM or TaxaTION FoR WorKING HicHways. (Highway Law, § 51, ante, p. 635.) 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 ee delaras system of taxation to the ........ system of taxation, pursuant to sections 50, 51, 52 and 53 of the Highway Law. Dated this .......- day of ............ 9 LO (Taxpayers sign’ here. ) 1034 Forms. FORM No. 113. Notice oF ASSESSMENT oF Highway LABOR UPON CORPORATION. (Highway Law, § 60, ante, p. 647.) To T. W., a corporation (or R. 8., Agent of T. W.): Take notice that you (or T. W.) are assessed ........ days’ labor in high- way district No. ...., in the town of ............ » county of ............ > and that said labor is required to be performed on the highway (state where) in said district, on the ........ day Of ssiisccs esse next, and the days following, and you are required to furnish (state what utensils, if any), and to perform ........ days’ labor in a day, and will be allowed one day for every person working on said highway between 7 o’clock in the a. m. and 6 o’clock in the p. m. Dated this ........ GAY OF 2 oie seniwiss aad , 19.. L. M., Overseer of Highway District No. .... FORM No. 114. Notice oF ASSESSMENT OF Highway LasoR TO AGENT OF NONRESIDENT. (Highway Law, § 61, ante, p. 648.) To R. 8., Agent of T. W., w nonresident owner of lands in the town of aides: 8 Whissiodet yk , in the county of ............2 Take notice that T. W., a nonresident of the said town, is assessed ....... day’s labor in highway district No. ...., in said town, and that said labor is required to be performed on the highway (state where) in satd district on the ........ day Of cciieccceecse next, and the days following: Dated this ........ day of ............ 5 195. L. M., Overseer of Highway District No. .... FORM No. 115. NotTIcE TO NONRESIDENTS TO BE FILED IN THE OFFICE OF TOWN CLERK. (Highway Law, § 61, ante, p. 648.) Notice is hereby given that the highway labor assessed on the following described parcels of land in the town of ............ , county of ........... ‘i owned by nonresidents whose agents cannot be ascertained within such town, is required to be performed from the ........ day of ............ to the ........ day of ............ next, in highway district No. ...., in said town, on the highway (state where). Days OWNER’S NAME. Description of lands. assessed. Dated this ........ day of ............ » 19., L. M., Overseer of Highway District No. .... Forsas. 1035 FORM No. 116. Overseers’ RETURN oF UNrerFoRMED Highway Lapok To HicHway COMMISSIONERS. (Highway Law, § 66, ante, p. 651.) To A. B., C. D. and E. F., Commissioners of Highways of the town of Siegidace apenas eM » county of ..........2.8 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.| 48sessed | Number | a nount, value. of days. List oF NONRESIDENT LANDS. Assessed Number OWNER’S NAME.| Description of land. Amount. value. of days. L. M., Overseer of Highway District No. .... STATE OF NEW YORK, les COUNTY OF ........... L, M., being’ duly sworn, says he is the overseer of highway district No. ..-, in the town of ............ , in the county of ............ , and that 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 Jand is returned, has not been performed or commuted for. . LM, Overseer of Highway District No. .... Subscribed and sworn to before me, this .... day of ........ , 19.. Justice of the Peace. 1036 Forms. FORM No. 117. ANNUAL RETURN OF OVERSEERS oF HIGHWAYS. (Highway Law, § 69, ante, p. 653.) To the Commissioners of Highways of the town of .....- seccucy in the county Of .......-..0e8 The undersigned, overseer of highway district No. ...., in said town, hereby renders the following account pursuant to section 69 of the Highway Law: 1. The names of all persons assessed to work on the highways in said district are as follows: NAMES. Days assessed. ¢ 2. The names of all persons who have actually worked on the highways, with the number of days they have worked, are as follows: NAMES. Days assessed. 3. The names of all those who have been fined, and the sums in which they have been fined, are as follows: NAMES. Amount. 4. The names of those who have commuted, and the amount of the com- mutations, are as follows: NAMES. Amount. Forus. 1037 5. The moneys arising from penalties and commutations have been ex- pended as follows: (State how.) 6. Names returned to the commissioners of highways of persons who have neglected or refused to work out their highway assessments, with the num- ber of days and amount of tax so returned, are as follows: NAMES, Days assessed. Amount of tax. 7. The following is a list of lands returned to the commissioners of high- ways for nonpayment of taxes: NAMES OF OWNERS. Description. | A8sessed| Number | 4 nount. : value. | days. Dated this ........ day of ........000. , 19.. L. M., Overseer of Highway District No. .... COUNTY OF wsccscveiwececs : TOWN OF 22:00 si00 cues \ : L. M., being duly sworn, says he is overseer of highway district No. ...., in the town of ............ , and that the foregoing account subscribed by him is true to the best of his knowledge and belief. L. M., Overseer of Highway District No. .... Subscribed and sworn to before me, this .... day of ........ , 19.. G. H., Justice of the Peace. FORM No. 118. Notice to Occupant To CuT WEEDS, BRUSH AND BRIERS. (Highway Law, § 71, ante, p. 655.) To R. 8., occupant of (briefly describe the premises), abutting on the high- way in highway district No. ...., in the town of ............ , county ) j Ne Yee The undersigned, overseer (or commissioner) of highways of said district, hereby notifies and requires you to cut all weeds, briers and brush grow- ‘10388 Forms. ing upon the above described lands within the bounds of said highway within ten days after the receipt of this notice; and if you fail to do so, I shall cause the same to be cut and make a report thereof pursuant to section 71 of the Highway Law. Dated this ........ day of sic ssencee ss 5 195s L. M., Overseer of Highway District No. ...- (or commissioner of highways for town of ............ ) FORM No. 119. OveRSEER’S REPORT TO SUPERVISOR OF AMOUNT EXPENDED CUTTING WEEDS. (Highway Law, § 71, ante, p. 655.) To A. B., Supervisor of the town of ........... , in the county of ..........2 The undersigned, overseer of highway district No. ...., in said town, in accordance with section 71 of the Highway Law, hereby renders the follow- ing report: e The amount of money expended by me for cutting weeds, briers and brush within the bounds of the highway in said district, and the names of the owners and occupants of the several pieces or parcels of land against which said labor was performed, with a brief description of the same, are as follows: Description of Amount NAME OF OWNER. | Name of occupant. i premises. expended. And in each case default was made by the occupant, after due notice had been given. Dated this ........ day of ............ , 19.. L. M., Overseer of Highway District No. .... COUNTY OF .............. 88.2 DOWN OF” sue ccna’, ta aiencase ; L. M., being duly sworn, says the foregoing report subscribed by him is true. L. M. Subscribed and sworn to before me, this .... day of ........ , 19.. G. H., Justice of the Peace. Forms. 10389 FORM No. 120. AFFIDAVIT AS TO USE oF WIDE TIRES. (Highway Law, § 74, ante, p. 658.) COUNTY OF ............... State or New York, if J. L., being duly sworn, deposes and says that he resides in highway dis- trict No. ...., town of ............ , county of ............ ; that he is assessed for ........ days of highway labor in such district; that during the year ending June 1, 19.., he has only used upon the highways of this state wagons or vehicles drawn by two or more horses, the wheels of which are three or more inches in width, except buggies, carriages or platform spring wagons, carrying a weight of not more than one thousand pounds; and. that because of such use he is entitled to a credit upon such highway tax, as provided by section 74 of the Highway Law. L. M. ‘Subscribed and sworn to before me, this .... day of ........ ,19.. L. M., Overseer of Highway District No. .... FORM No. 121. Orper Layinc Out ok ALTERING a Highway WITH THE CONSENT or Town Boarp. (Highway Law, § 80, ante, p. 660.) At a meeting of the commissioners of highways of the town of ........... 5 in the county of ............ , on the ........ day Of s ssvieeln anes » Mes for the purpose of deliberating on the propriety of laying out (or altering) a highway in said town, and upon the written application of L. M., a person liable to be assessed for highway labor in said town, and the written con- sent of the town board of said town having been given as prescribed by law, and releases from damages having been executed by the owners of the land through which the proposed highway is to be opened, copies of which are hereto annexed, the consideration paid to any one claimant for such damages, not exceeding $100, and of all the claimants not exceeding $500; It is hereby ordered and determined that a highway shall be, and the same is hereby laid out in said town as follows: (Here insert survey bill.) And the line of survey shall be the center of the highway, which shall be ........ rods in width. Dated this ........ day of ......se0e-0, 19.. A. B., Cc. D., E. F., Oommissioners of Highways. 1040 Forms. FORM No. 122. RELEASE OF DAMAGES BY OWNERS OF THE LAND. (Highway Law, § 80, ante, p. 660.) 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 bres io) wile’ ei gnbig ; N. Y., pursuant to the application of L. M., dated the ........ Cay Of! sieved eg ck , 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 jGroraxtentoran , 19.. FORM No. 123. Orpek Layne Out Highway oN RELEASE FROM OWNERS. (Highway Law, § 80, ante, p. 660.) At a meeting of the commissioners of highways of the town of ........... 5 in the county of ............ » on the ........ day Of sisi cenen » 19.., 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 be es ened os rods in width. Dated this ........ day of csssiscceass , 19.. A. B., c. D., E. F., Commissioners of Highways. FORM No. 124. DEDICATION OF LAND AND RELEASE OF DAMAGES. (Highway Law, § 80, ante, p. 660.) Know all men by these presents, that I, R. S., of the town of ...........- in the county of ............ , N. Y., for value received, hereby dedicate 46 the town of ............ 5 niforesail, 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 ....... [sEaL] day of ..... patent y ED Forms. 1041 STATE OF NEW YORK, t 7 $8 COUNTY OF ........... On this ........ day of ............ , 19.., before me, the subscriber, 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. FORM No. 125. ConsENT oF Town Boarp To Lay Out or ALTER A HiegHway. (Highway Law, § 80, ante, p. 660.) 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 Sead tnestaart 9 19.6 (Signed by each member of town board.) FORM No. 126. APPLICATION TO Lay Out A HigHway. (Highway Law, § 82, ante, p. 662.) To the Commissioners of Highways of the town Of ......seeeees > m the county Of .......e.0008 The undersigned, an inhabitant of said town of ............, liable to be assessed for highway labor therein, hereby applies to you to lay out a high- way in said town, commencing (describe the proposed highway), which pro- posed highway will pass through the lands of R. S. and T. W. (who consent to the laying out of the highway, or as the case may be). Dated this ........ day. Of ac vaieaca snc 3 19. L. M. FORM No. 127. APPLICATION TO ALTER A HIGHWAY. (Highway Law, § 82, ante, p. 662.) To the Commissioners of Highways of the town of ..... acs ates > m the county Of ....eeceeeeel The undersigned, an inhabitant of said town of ............ » liable to be assessed for highway labor therein, hereby applies to you to alter the highway leading from ............ 16 sea noracaeias , in said town as follows: (Insert particular description of the proposed alteration by courses and distances.) The proposed alteration passes through the lands of R. S. and T. W. (who consent to the proposed alteration, or as the case may be). Dated this ........ Ga 96 OF ees caus ea , 19.. L. M. 66 1042 Forms. FORM No. 128. APPLICATION To DISCONTINUE A HIGHWAY. (Highway Law, § 82, ante, p. 662.) To the Commissioners of Highways of the town of .....+..++++ » m the county Of .......-..008 The undersigned, an inhabitant of said town of ............ , liable to be assessed for highway labor therein, hereby applies to you to discontinue the old highway beginning (insert description), on the ground that said highway has been abandoned. Dated this ........ day OF ivctiotset aed » 19... L. M. FORM No. 129. APPLICATION FOR APPOINTMENT OF COMMISSIONERS, (Highway Law, § 83, ante, p. 663.) COUNTY COURT—County or ..............00- In the Matter of the Application of L. M. to lay out (alter . or discontinue) a highway in the town. of ..cecssscerss , and the assessment of damages theréfor. J The petition of L. M., of the town of ............ , in said county, respect- fully shows that your petitioner is a person liable to be assessed for highway labor in the town of ............ , said county; that on the ........ day Of aden vinneess , 19.., he presented an application in writing to the com- missioners of highways of said town as follows: (Insert copy of application to the commissioners.) That said application was in good faith made; that the commissioners of highways have not laid out (altered or discontinued ) said highway pursuant to section 80 of the Highway Law; that the lands have not been dedicated for the purpose of such highway by the owners thereof, nor have such lands been released by such owners for such purpose. Wherefore, your petitioner prays that three commissioners be appointed pursuant to section 84 of the Highway Law, to determine upon the necessity of the proposed highway (or altering or discontinuing the said highway), and to assess the damages by reason of laying out and opening (or altering or discontinuing) such highway. Dated this ........ day of ............ , 19.. L. M. STATE OF NEW YORK, CouUNTY OF ........... { " L. M., being duly sworn, says he has read the foregoing petition by him subscribed, and that the same is true to the knowledge of deponent, except Forms. 1043 as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. L. M. Subscribed and sworn to before me, this .... day of ........ 5 LO G. H., Justice of the Peace. FORM No. 130. OrpDER APPOINTING COMMISSIONERS. (Highway Law, § 84, ante, p. 665.) BE Be ce tans sale ads term of the County Court of the county of ............ held at ...........- , in the ............ » in and for said county. Present—Hon. E. E., County Judge. (Title as in Form No. 129.) On reading and filing the petition of L. M., of the town of ............ »in said county, dated the ........ day Of js ee ses , 19.., praying for three commissioners to be appointed, pursuant to section 84 of the Highway Law, to certify as to the necessity of laying out and opening (altering or discon- tinuing) a highway beginning (insert the description) and to assess the damages by reason of laying out (altering or discontinuing) such highway. It is hereby ordered that S. 8., G. G. and J. J., of the town of ............ m said county, be, and they are hereby appointed as such commissioners. FORM No. 131. Notice To COMMISSIONERS OF THEIR APPOINTMENT. (Highway Law, § 84, ante, p. 665.) To 8. 8.,G. G. and J.Jd.: Take notice, that you and each of you have been duly appointed com- missioners, by an order of the County Court, a copy of which is hereto annexed, and you are hereby required to fix a time and place at which you will all meet to hear the commissioners of highways and all other persons interested in the highway mentioned in the said order. Dated this ........ day of ............ , 19.. L. M. FORM No. 132. Notice or Mretine or ComMISSIONERS. (Highway Law, § 85, ante, p. 666.) Notice is hereby given that the undersigned has made application to the commissioners of highways of the town of ............ , in the county of ee Sinha , for the laying out (altering or discontinuing) of a highway in said town, commencing (here insert description as in application), which 1044 Forms. proposed (or altered) highway will pass through the lands of (describe who), and by an order of the County Court dated the ........ day Of cseses awe sas 3; 19.., 8.8, G. G. and J. J. were appointed commissioners to examine as to the necessity of said proposed highway (alteration or discontinuance), and to assess the damages by reason of the laying out and opening (alteration or discontinuance) of such highway; and that said commissioners will all meet Bie oanaails oats , in said town, on the ........ day’ Of anieesmae'ss 9 1D 25 at .... o’clock in the ........ noon, to examine the proposed highway (or the highway) and hear the commissioners of highways and all others in- terested therein, and to assess the damages if such highway be determined to be necessary (or is altered or discontinued). Dated this ........ day Of saa wawieaes »19., L. M. FORM No. 133. . AFFIDAVIT OF PosTING AND SERVICE oF NOTICE, (Highway Law, § 85, ante, p. 666.) STATE OF NEW YORK, COUNTY OF ........... hss L. M., being duly sworn, says that he caused notices in writing, of which the within is a copy, to be posted up at ............ BUGS Sota dar Mokena eae and 5 didnaaci-@ aay siete , three public places in the town of ............, said county, on the ........ AY OF aie csatanee ; 19.., and that he served a like notice on (name all the owners and occupants of the lands through which the high- way is proposed to be laid out, altered or discontinued) on the ........ day OF Sendai see hese , 19.., by (state how served), and that said notices were posted at the respective places, and served on the respective persons herein named, at least eight days before the time specified therein for the meeting of said commissioners. L. M. Subscribed and sworn to before me, this .... day of ........ 5 LBs G. H., Justice of the Peace, FORM No. 134. CERTIFICATE OF COMMISSIONERS IN Favor or APPLICANT. (Highway Law, § 86, ante, p. 667.) (Title as in Form No. 129, ante.) The undersigned, by an order of the County Court of ............ county, dated the ........ day. Of: secasisases , 19.., on the application of L. M., having been appointed commissioners to determine as to the necessity of laying out and opening (altering or discontinuing) a highway in the town of cease AE REE » in said county, beginning (describe highway as in the appli- Forms. 1045 cation) which proposed highway (or highways) crosses the lands of (name the persons) and to assess and damages to be caused thereby; Now therefore, we, the said commissioners, having given due notice of the time and place at which we would meet, and all having met at ............ > in said town on the ........ Gay Of cscs ayes oe , 19.., pursuant to such notice, and having taken the constitutional oath of office, and on proof of the service and posting of the notices by the applicant, pursuant to section 85 of the Highway Law, having viewed the proposed highway (or highway proposed to be discontinued or altered) and the lands through which it is proposed to be laid out and opened (altered or discontinued) and having heard the commissioners of highways and the parties interested therein, and ‘the evidence of all the witnesses produced; Now, therefore, we do hereby determine, and certify, that in our opinion it is necessary and proper that the highway be laid out and opened (altered or discontinued) pursuant to the said application of L. M., dated the ....... day Of sare cece seas , 19..; and we have assessed the damages required to be assessed by reason of laying out and opening (altering or discontinuing) such highway, as follows: The damages of N. N. at $........ ; the damages of W. W. at $........ Dated this ........ day of ............, 19.. 8. 8. G. G., J. J., Commissioners. FORM No. 135. CERTIFICATE DENYING APPLICATION. (Highway Law, § 88, ante, p. 668.) (Title as in Form No. 129, ante.) The undersigned, by an order of the County Court of ............ county, dated the ........ day of ..........-. , 19.., on the application of L. M., having been appointed commissioners to certify as to the necessity of laying out and opening (altering or discontinuing) a highway in the town of jie harnetwss , in said county, beginning (describe highway as in the appli- eation) which proposed highway (or highways) crosses the lands of (name the persons) and to assess the damages to be caused thereby; Now, therefore, we, the said commissioners, having given due notice of the time and place at which we would meet, and all having met at ............ _ in said town, on the ........ GAY Of sass cae cere , 19.., pursuant to such notice, and having taken the constitutional oath of office, and on proof of the service and posting of the notices by the applicant, pursuant to section 85 of the Highway Law, having viewed the proposed highway (or alteration ‘or highway proposed to be discontinued) and the lands through which it is proposed. to be laid out and opened (altered or discontinued), and having heard all the allegations of the commissioners of highways and the parties interested therein, and the evidence of all the witnesses produced; 1046 Forms. Now, therefore, we do hereby determine and certify that in our opinion such highway, or alteration or discontinuance, is unnecessary and improper and should not be laid out (or should not be made, or such highway should not be discontinued). Dated this ........ day of ............ > 19.. Ss s8., G. G., J. J. Commissioners. FORM No. 136. Notice oF Motion To CoNFIRM, VacaTE oR Moprry DECISION. (Highway Law, § 89, ante, p. 668.) (Title as in Form No. 129.) To N. M. and W. W.: Take notice that an application will be made to this court at a ........... term thereof, to be held at the .......... >in the seiccisess OF ca geeeea vs : on the ........ day of ............ , 19.., for an order confirming (vacating or modifying, stating in what particulars) the decision of the commis- sioners in the above entitled matter, which decision is dated the ........ ay Of ig ceeis Sepia , 19.., and for such other and further relief as to the court may seem proper; that said application will be made upon said decision and upon the affidavits and papers, with copjes of which you are herewith served. Dated this ........ day of si cisscicess > 19., L. M. FORM No. 137. ORDER CONFIRMING DECISION OF COMMISSIONEBS. (Highway Law, § 89, ante, p. 668.) At a term of the ............ County Court, held at the ............ ,» in the 5 5d0c3 0a Of siccsscex ees , on the ....... day of sicicncerss , 19.. Present—Hon. E. E., County Judge. (Title as in Form No. 129.) On reading and filing the decision of the commissioners, S. 8., G. G. and J. J., in the above entitled matter, dated the ........ day OF cuceggs ganic s 19.., by which it appears (state substance of decision), with proof of due service upon N. N. and W. W. of notice of this application and (state other papers), and on motion of A. D., counsel for L. M., after hearing B. B., counsel for N. N. and W. W., opposed, and on reading (name the papers) ; It is hereby ordered that the said decision be and the same is hereby con- firmed (or vacated, or modified or corrected as follows: state how), with costs amounting to $........ in favor of .......... and against .......... E. E., County Judge. Forms. . 1047 FORM No. 138. CoMMISSIONERS’ CERTIFICATE TO THE CouNTy CouRT To Lay OuT a Hicuway THROUGH AN ORCHARD. (Highway Law, § 90, ante, p. 670.) (Title as in Form No. 129.) The undersigned, commissioners of highways of the town of ............ ; in said county, hereby certify that on the ........ day of .........06- > 19.., L. M., who is liable to be assessed for highway labor in said town, made a written application to us as such commissioners to lay out a highway in said town, passing through an orchard of T. W., of the growth of four years or more, pursuant to section 90 of the Highway Law, as follows: (Insert a copy of the application). And that the said T. W. does not consent thereto; that the following proceedings were had upon such application: (Insert a history of the proceedings up to and including the decision of the commissioners ap- pointed by the courts.) We further certify that the public interest will be greatly promoted by the laying out and opening of such highway through said orchard; and commissioners appointed by this court have certified that such highway is necessary and proper, and have assessed the damages of T. W. by reason thereof, at $........ Dated this ........ Day Of wees cwwssod > 19.. & B., D., Be, Commissioners of Highways. HO FORM No. 139. Orper or County Court to Lay Our Hieuway. (Highway Law, § 90, ante, p. 670.) At a term of the ............ County Court, held at ............ » in the S big aptiecs hack Of eissaesscteny ON the ciccssne Cay Of ..cescew veers: 1D Present—Hon. E. E:, County Judge. (Title as in Form No. 129.) Upon reading and filing the certificate of A. B., C. D. and E. F., commis- sioners of highways of the town of ........... , in the county of ........... ’ dated the ........ day of ..........-. , 19.., stating (here state the sub- stance of the facts in the certificate) with proof of due service of notice of this motion, and upon reading the (state what papers), and after hearing A. D., of counsel for the applicant, and B. B., of counsel for T. W., opposed; It ig hereby ordered that said highway be laid out and opened pursuant to section 90 of the Highway Law, with ten dollars costs of this motion. E. E., Oounty Judge. 1048 Forms. FORM No. 140. ORDER OF THE APPELLATE DIVISION. (Highway Law, § 90, ante, p. 670.) In the Appellate Division of the Supreme Court, in the .......... depart- ment, held at the court house, in the city of ............ ,on the ....... day Of. Siu jauiavedees 2 LD es Present—Hon. H. R., P. J.; Hon. B. D., Hon. C. E., Hon. F. G., and Hon. A. J., Justices of the Supreme Court. (Title as in Form No. 129.) A. B. C. D. and E. F., as commissioners of highways of the town of sor csewReedd , in the county of ............, having presented to us the order of the County Court of ............ county, dated the ........ day OF ieec Se auel are «..., 19.., that a highway be laid out in said town, passing through the orchard of T. W., of the growth of four years or more, pursuant to section 90 of the Highway Law, the said T. W., not consenting thereto, with the certificate and proofs upon which the said order was granted, duly certified by such court, with proof of due service of notice of this motion on the said T. W., anda fter hearing B. B., of counsel for the applicant, on the motion, and X. B., of counsel for T. W., opposed; It is hereby ordered that the said order of such County Court be, and the same is hereby confirmed, with $........ costs of this motion. FORM No. 141. DescripTion oF Highway ABANDONED. (Highway Law, § 99, ante, p. 678.) We, the undersigned, commissioners of highways of the town of .......... ‘ in the county of ............ , hereby certify that the highway (here de- scribe it), has been abandoned by the public, and is no longer used as a public highway; and pursuant to section 99 of the Highway Law, the same is discontinued. Dated this ........ day of .........05. » 19.. A. B.,, c. D., _ EF, Commissioners of Highways. FORM No. 142. APPLICATION FOR A PRIVATE Roan. (Highway Law, § 106, ante, p. 679.) To the Commissioners of Highways of the town of ....-eeeeeee in the county Of .....-..4+--8 The undersigned, an inhabitant of said town and liable to be assessed for highway labor therein, hereby makes application to you to lay out a private road for his use and benefit, beginning (insert description, giving its width and location, courses and distance) and said proposed road will run through the land of T. W., occupied by R. 8. Dated this ........ day of .........4-. , 19.. L. M. Foras. 1049 FORM No. 143. Notice To OwNER or Occupant To REMove Fences ALONG HigHways. (Highway Law, § 101, ante, p. 692.) To T. W.: Please take notice that we, the undersigned, commissioners of highways of the town of ............ » in the county of ............ , having by an order (or certificate), duly made and filed in the office of the town clerk of said town, bearing date the ........ ay Of oc cee cee cs , 19.., laid out a public highway through your inclosed lands, do hereby require you to remove your fences from within the bounds of said highway, within sixty days after the service of this notice. Dated this ........ day of ..... dive sang Dice A. B., Cc. D., E. F., Commissioners of Highways. FORM No. 144. NOTICE To REMOVE OBSTRUCTION OR ENCROACHMENT. (Highway Law, § 105, ante, p. 695.) To T. W.: You are hereby notified by the undersigned commissioners of highways of the town of ............ » in the county of ............ , that the highway in highway district No. ...., in said town adjoining the premises owned (or occupied) by you (state where) have been encroached upon (or obstructed) to the extent of (state how much) by the erection of a (or as the case may be), and you are hereby directed to remove the same within sixty days after the service of this notice. Dated this ........ day of ............ , 19.. A. B., Cc. D., E. F., Commissioners of Highways. FORM No. 145. STATEMENT TO THE SUPERVISOR OF EXPENSES INCURRED IN REPAIR OF BRIDGES. (Highway Law, § 132, ante, p. 699.) We, the undersigned, commissioners of highways of the town of .......... , in the county of ............ ; pursuant to section 132 of the Highway Law, hereby render to the supervisor of said town a statement of the expenses incurred by us in the erection and repair of the free public bridges of said town as follows: (Here give an itemized account of the expenses incurred on each of the bridges.) Dated this ........ day of .......+0eee , 19.. A. B.,, Cc. D., E. F., Commissioners of Highways. 1050 Forms. STATE OF NEW YORK, COUNTY OF ........... } ee A. B., one of the commissioners of highways of said town, being duly sworn, says the foregoing statement, which is subscribed by him, is true.- A. B. Subscribed and sworn to before me, this .... day of ........ ¢ LD ais G. H., Justice of the Peace. FORM No. 146. NoTICE TO COMMISSIONERS OF ADJOINING Towns TO REPAIR BRIDGE. (Highway Law, § 135, ante, p. 701.) To the Commissioners of Highspoys of the town of .......-..eeee in the county Of .........+608 Whereas, the bridge (here describe it) has become, and is, unsafe for public use and travel (state in what respect), you are hereby notified and required to join with the undersigned commissioners of the town of ......... 5 in the county of ............ , in rebuilding (or repairing) said bridge, and to give your consent in writing to the same within twenty days after the service of this notice, pursuant to section 135 of the Highway Law. Dated this ........ day of ............ , 19.. Commissioners of Highways of the town Of wss.sesreres FORM No. 147. CoNSENT TO REBUILD OR REPAIR BRIDGE. (Highway Law, § 135, ante, p. 701.) ‘To the Commissioners of Highwoys of the town of ........eeeeee in the county Of ........eeee Pursuant to your notice served on us, dated the ...... day of .......... > 19.., and to section 135 of the Highway Law, we, the undersigned commis- sioners of highways of the town of ........... , in the county of ........... ; hereby consent to join with you in rebuilding (or repairing) the (designate the bridge) it being the same bridge mentioned in your said notice. Dated this ........ day of ..........6. , 19.. A. A, B. B., c. C., Commissioners of Highways of the town of .......... oo Forms. 1051 FORM No. 148. PETITION OF FREEHOLDERS TO COMMISSIONERS OF ADJOINING TowNSs. (Highway Law, § 136, ante, p. 702.) To A. B., CO. D. and E. F., Commissioners of Highways of the town of .....--- P im the county of ............ , and A. A., B. B. and C. C., Commissioners of Highways of the town of .......:...., im the county of ...--.----+68 We, the undersigned, L. M., N. O. and R. S., do respectfully, pursuant to section 136 of the Highway Law, petition and apply to you, and show that we are each of us freeholders of the said town of ............ , and that the highway bridge known as the (here designate the bridge) which crosses the (name the stream), a stream forming the boundary line between said towns OF siaesareiessa aNd 9 creates , has become and is out of repair and is unsafe for public use and travel (state in what respects), that said bridge has been repaired and maintained at the joint expense of said towns, and said towns are jointly liable to make and maintain « bridge at said point. And we hereby petition and apply to you, the said commissioners, to rebuild (or repair) the bridge at said point. Dated this ........ day Of c..sgcees vee » 19.. L. M. N. O. R. S. FORM No. 149. NoTIcE OF MOTION FOR ORDER COMPELLING CONSTRUCTION OR REPAIR OF BRIDGE. (Highway Law, § 136, ante, p. 702.) SUPREME COURT—County oF ........ Wee's In the Matter 1} of the | a Application of L. M., N. O. and R. 8. for an order requiring the commis- sioners of highways of the towns of Lgekvcdaed and .......... to rebuild the bridge known as ............ J To A. B., C. D. and E. F., Commissioners of Highways of the town of ........ ; in the county Of ...2...e00e ,and A, A., B. B. and C. C., Commissioners of Highways of the town of .....-.++++- , in the county of .......eee eed Take notice that an application will be made to this court at a special term thereof, to be held at the court house, in the ........... Of gece sarees 5 on the ........ day of ..........-- , 19.., at the opening of the court on that day, for an order requiring you, the said commissioners, to rebuild (or repair) the bridge mentioned in the affidavit hereto attached, and requiring money to be appropriated or raised therefor, and for such other and further relief as to the court may seen just and proper. The application will be made on affidavit and papers, copies of which are herewith served on you. Dated this ........ day of ..........5- 9g AD ase Bak Sos 1052 Forms. FORM No. 150. AFFIDAVIT ON MOTION FOR AN ORDER TO BUILD A BRIDGE. (Highway Law, § 136, ante, p. 702.) (Title as in preceding Form.) STATE OF NEW YORK, COUNTY OF ........... L. M., N. O. and R. S., being severally and duly sworn, say that they are freeholders of the town of ............ , said county, and that said town joins the town of ............ , in the county of ............ , and the (name the stream) forms the boundary line between said towns; that at (describe where) a free public bridge has been maintained at the joint expense of said towns, and said towns are jointly liable for the building, rebuilding, repair and maintenance of such bridge at such point; that such bridge is (describe the kind of bridge fully) and has become unsafe and unfit for public use and travel (describe fully the condition the bridge is in), and that in our opinion it would be more for the interests of the said towns to rebuild than to repair said bridge (or as the case may be); that on the ........ day of bie loietatocualsé a3 , 19.., the above-named affiants united in a petition to A. B., Cc. D. and E. F., commissioners of highways of said town of ............ and A. A., B. B. and C. C., commissioners of highways of the said town of ere cee , pursuant to section 136 of the Highway Law, which petition was duly served on each of said commissioners, and which requested them to rebuild (or repair) said bridge at said point; that thereafter and on the eens day of ............, 19.., said commissioners served on us a written refusal as follows: (Here set forth the refusal); that in our opinion an (iron) bridge should be built, and that the expense should be between Piss tardscce and $........ (approximate the expense as nearly as possible and insert any other facts deemed necessary). L. M.,; N. O.. Subscribed and sworn to before me, R. §., this .... day of ........ 5g LD G. H., Notary Public. FORM No. 151. OrpER OF CouRT TO REBUILD BRIDGE. (Highway Law, § 137, ante, p. 703.) At a Special Term of the Supreme Court, held at the court house, in the Sb aancuiie zeae Of caeerae ss , onthe ........ day of ........0eee , 19.. Present—Hon. ............ , Justice. (Title of case as in Form No. 149.) On readng and filing the affidavit of L. M., N. O. and R. S&., dated the sudtadoaled Ses day of ............, 19.., setting forth that (here set forth the substantial facts of the affidavit), with proof of due service of a copy of said affidavit and notice of motion upon each of the commissioners of high- Forms. 1053 ways of said towns, and after hearing J. D., of counsel for said applicants, in favor of said motion, and D. B., of counsel (or no one appearing) for the said commissioners in opposition thereto, It is hereby ordered, pursuant to section 137 of the Highway Law, that said commissioners build a (or repair) a (here describe the kind of bridge) at (here describe the place), at the joint expense of said towns, not to exceed Hy agate eveat eho dollars, and that one-half of the said expense shall be charge- able to each of said towns, to be assessed, levied and collected thereon, as other town charges are assessed, levied and collected. FORM No. 152. APPLICATION TO BOARD OF SUPERVISORS FoR LAYING OUT, ETC., HIGHWAY. (County Law, § 61, ante, p. 708.) To the Board of Supervisors of the county of ...........+5 We, the undersigned, being twenty-five resident peneaae of the county Ofna ae eG » hereby make application, in pursuance of section 61 of the County Law, for the laying out (opening, alteration or disvontinuance) of a county highway of the width of ............ (or the construction, repair or discontinuance of a bridge), describe as follows: (Insert a definite description of the proposed highway, or the location of the proposed bridge.) Dated this ........ day of ........060. 57 19:5 AuB; C. D., ete. FORM No. 153. Novice oF sucH APPLICATION. (County Law, § 61, ante, p. 708.) To the Highway Commissioners of the several towns in the county of .......: Notice is hereby given that on the ........ GAY OF csisas cekceads , 19.., the foregoing application will be presented to the board of supervisors of the county of ............6- Dated this ........ day Of ...cccreeees » 19.. A. B., Cc. D., ete. FORM No. 154. Proor oF SERVICE OF APPLICATION AND NOTICE. (County Law, § 61, ante, p. 708.) STATE OF NEW YORK, COUNTY OF ........... C. C., being duly sworn, says that he is a resident of ............ N. Y., and that he served the application and notice annexed hereto, personally, on each of the following commissioners of highways at the times and places set opposite their names, respectively: 1054 Forms. Beat 23s eee es ,N. Y¥., May 9,19.., at .... o’clock in the ...... noon. CDs ab Sc ccctce dies , N. Y., May 10, 19.., at .... o’clock in the ...... noon. By delivering to and leaving with each of them true copies thereof; and he further says that he knew the persons so served to be the commissioners of highways of the town of ............ (Signed ) Cc. C. Subscribed and sworn to before me, this .... day of ........ 5 WDex G. H., Notary Public. FORM No. 155. RESOLUTION oF Boarp LayING Out, ETC., HigHway. (County Law, § 61, ante, p. 708.) Resolution for the laying out of a highway (or construction of a bridge) in the town of ............ , between (describe generally location of highway or bridge), pursuant to section 61 of the County Law. At a meeting of the board of supervisors of the county of ............ » held BG Seeasl adie cpartes ,on the ........ DAY Oli 5 wiece s.d.-avscie Oss Whereas, application has been made for the laying out (altering or dis- continuing) of a highway (or the construction, repair or discontinuance of a bridge) in said county; and thereas, satisfactory proof has been made to us of the service of a copy of such application, together with a notice of inten- tion to make the same, upon a commissioner of highways of each town in said county; and that it seems to us that there is a necessity for the laying out (alteration or discontinuance) of such highway (or the construction, repair or discontinuance of such bridge) ; Resolved, That a highway of the width of ............ be laid out in accordance with such application, the center of which is to commence at ha Rae yy SAY » and run thence (insert survey). (Or, that a bridge be constructed over (state location), to be of the follow- ing description (state kind of bridge), the cost thereof not to exceed the sum R. S., Chairman. Adopted. C. D., Clerk. FORM No. 156. APPLICATION TO BOARD OF SUPERVISORS FOR CONSTRUCTION, ETC., OF BRIDGE or HigHway, AND TO Borrow Money THEREFOR, UPON VOTE OF TowN MEETING. (County Law, § 69, ante, p. 715.) To the Board of Supervisors of the county of ............¢ A proposition having been duly submitted at a special (or biennial) town meeting, held in the town of .......... , on the ........ day OF sw siesceor eau ‘ 19.., pursuant to the provisions of sections 30, 31 and 32 of the Town Law, providing for the construction (rebuilding, repair or discontinuance) of a highway in such town, as hereinafter described (or for construction, re- building or repair of certain bridges in such town), and for the borrowing Forms. 1055 of the sum of ............ dollars and the issue of town bonds therefor for the purposes aforesaid, and such proposition having been adopted by a majority of the electors of such town voting at such town meeting, as will appear from the proceedings of such town meeting as to such proposition duly certified by the town clerk, annexed to this petition and made a part hereto; Therefore, pursuant to the authority conferred upon us by section 69 of the County Law, we, the undersigned, members of the town board and high- way commissioners of the town of ............ , State of New York, do respectfully petition your honorable board for authority to construct (re- build, repair or discontinue) a highway in such town, described as follows: (Insert a detailed description of the highway to be constructed, repaired or discontinued; if more than one highway is to be constructed, rebuilt, repaired or discontinued, describe each of them; if authority is desired to construct, rebuild or repair one or more bridges, give the location of each.) We do further respectfully petition that your honorable board authorize the said town of ............ to borrow the sum of ............ dollars, and to issue its bonds therefor, under such terms, conditions and restrictions as your said board may legally impose, which sum is to be expended for the construction (rebuilding, repair or discontinuance) of such highway (or construction, rebuilding or repair of such bridges). The fair cost and expense of the construction (rebuilding, repair or dis- continuance) of the highway proposed to be constructed (rebuilt, etc.), is estimated as follows: (Insert in items the estimated cost of the proposed improvement, or if bridges are to be constructed, rebuilt or repaired, the estimated cost of each bridge and all matters pertaining thereto.) Dated this ........ day of csc ceseecees , 19.. (Signed by each member of the town board and by each highway commissioner.) CERTIFICATE OF TOWN CLERK AS TO PROCEEDINGS oF TowN MEETING. STATE OF NEW YORK, ‘ COUNTY OF ........... 88.2 Town Of .....eeeeeeee Ty. egies spend S45 ores a aie , town clerk of the town of ...........4 , county of eAiclasoesne ih aeses , state of New York, do hereby certify that at a special town meeting (or biennial town meeting), held in the town of ............ , at seis a ide ea tere , in the village of ............, in said town, on the ........ GRY OF fe -sicisiaecs «andes , 19.., the following proposition was duly submitted thereat to the electors of such town: (Insert proposition submitted verbatim.) That there were 410 votes cast for and against such proposition. Upon a canvass of the votes so cast the following result .appeared and was duly declared and entered: Votes for such proposition ..........:e sees erence ee eens 340 Votes against such proposition ...........+..eesee eee eens 70 In witness whereof, I have hereunto set my hand and affixed the seal of gaid town of ........-- , at such town, this ........ day of .......... 519.5 (Signed by town clerk with seal of town affixed, if any.) 1056 Forms. FORM No. 157. REQUEST OF TowN BoaRD AND COMMISSIONERS. (County Law, § 69, ante, p. 715.) To the Board of Supervisors of the county of ............2 We, the undersigned, members of the town board and commissioners of highways of the town of ............ , do respectfully show to your honorable board; That on the ........ GAY OF ae sieies eccnsnaca , 19.., the bridge over the si caRbah ARO RO sth river (or state location of bridge) was entirely destroyed by flood (or has been damaged to such an extent as to become unsafe). (In the case of a damaged highway describe in detail the location of the highway and the nature of the damages caused by the elements, i. e., by flood, washouts, or by other similar causes.) That in the opinion of the undersigned such bridge should be replaced by a good and substantial iron bridge (or describe specifically the nature of the bridge which it is desired to build). That the estimated cost of the construction of such a bridge, including all approaches, abutments and other necessary matters pertaining thereto, is as follows: (Insert in items the estimated cost of the proposed bridge.) (Or in case it is proposed to reconstruct a highway by a new and: im- proved road, specify in items the estimated cost thereof.) Therefore, pursuant to the authority conferred upon us by section 69 of the County Law, we, the undersigned, do hereby petition your honorable board for authority to construct a bridge over the ............ river of the character above specified (or to rebuild or repair the highway above de- scribed), and do further respectfully petition that your said board do au- thorize the town of ............ to borrow the sum of .......... .. dollars, and to issue its bonds therefor under such terms, conditions and restrictions as your said board may legally impose, which sum so raised is to be ex- pended for the construction of such bridge (or the construction, rebuilding or repair of such highway). (The petition may request the issue of bonds under conditions and for such terms as the petitions may suggest; but the power to fix such terms and impose conditions is vested in the board of supervisors.) Dated this ........ day OF cries sean ven 5 196: (Signed by each member of the town board and the com- missioners of highways.) FORM No. 158. APPLICATION OF Town Board FOR AUTHORITY To IssuE Bonps WHERE INDEBTEDNESS HAS BEEN INCURRED. (County Law, § 69, ante, p. 715.) To the Board of Supervisors of the county of ............8 At a meeting of the town board of the town of ............ ,on the...... AY OF eet aanown cava , 19.., each member of the town board being present, the following resolution was duly presented and unanimously adopted: Whereas, in pursuance of and by authority of section 10 of the Highway Law of the state of New York, the commissioner of highways of the town OF auecase's eenneles , has become obligated for the payment of the sum of Forms. 1057 elas teat vattenleas! ¢ dollars, over and above the amount provided by the town estimates and highway taxes of said town, for the year 19.., and said ex- penditures and obligations being caused solely by the destruction and damage by. the elements of the following highways and bridges in said town, during the year 19.., making such highways and bridges unsafe. (Describe in detail the highways and bridges so destroyed and damages by the elements), and Whereas, each and every item of said work of constructing, repairing and rebuilding such highways and bridges, for which said commissioner of high- ways has become obligated to pay, the total amount of which exceeds the sum of $500, was done under a written contract therefor, which contract was duly approved by the town board of the town of ............ 3 and Whereas, all of the said expenditures and obligations of the said com- missioner of highways of the said town of ............ » have been duly consented to by the town board of the said town of ............ as will appear in the copies of such consents which are annexed hereto (to petition annex copies of consents of town board for the incurring of indebtedness, as provided in section 10 of the Highway Law; see Form No. 91, ante) ; and Whereas, such expenditures and obligations are, in the opinion of this town board of said town, and each and every one of them, necessary and proper, and yet unusual and not to be foreseen; therefore be it Resolved, That application be made to the board of supervisors of the town OF sac ayaye scctered xs ; to secure the authority from such board for the issue of bonds of the said town of ............ , for the sum of ............ dollars ; and that said bonds be made payable at the ............ Bank, in the CY Of: sshd oo eiece oe , state of New York, as follows: (Specify the amount of each bond and the time when each shall be payable. ) In pursuance of such resolution and the authority conferred by section 69 of the County Law, we, the undersigned, members of the town board of the town of ............ » do hereby respectfully petition your honorable board to authorize the said town of ............ , to issue its bonds for the sum of ............ dollars for the purpose of meeting the indebtedness incurred in the manner described in the above resolution. Dated this ........ OY OF ce snice srniewines » 19... (Signed by each member of the town board.) FORM No. 159. REsoLUTION oF Boarp or SUPERVISORS AUTHORIZING CONSTRUCTION OF BRIpGES AND HigHWAYs AND IssuE oF Bonps THEREFOR. (County Law, § 69, ante, p. 715.) AN ACT authorizing the town of ............ , in the county of ........... state of New York, to construct (state whether a bridge or highway is to be constructed, rebuilt or repaired), and to borrow money and issue its bonds therefor, for the purpose of paying the cost of such con- struction (rebuilding or repair). Passed on the ........ day Of) cote tesa es , 19.., two-thirds of all the supervisors elected to the board of supervisors of such county voting in favor thereof. 67 1058 Forms. The board of supervisors of the county of ............ , in pursuance of authority conferred by section 69 of the County Law. and the acts amenda- tory thereof, and in pursuance of the provisions of sections 12 and 14 of the County Law and of sections 5, 6, 7, 8 and 9 of the General Municipal Law, do enact as follows: Whereas, the town board and commissioners of highways of the town of Siedilivind tuyere have made application to this board for authority to con- struct (repair, rebuild or discontinue) a highway (or for the construction, repair or rebuilding of a bridge), which highway (or bridge) is located as follows: (Give location of bridge or highway) and also have applied for authority to borrow the sum of ............ dollars upon the credit of said town, and to issue the obligations of said town therefor; and Whereas, it appears that the said highways (or bridges) were destroyed (or damaged) by the elements to such an extent as to become unsafe for public use, and that the estimated cost and expense of such construction (repair or rebuilding) exceeds the sum of $500. and that such construction (rebuilding or repair) is necessary and proper, and that such town should be authorized to borrow the sum of ............ dollars upon the credit of such town and issue its bonds therefor; now. therefore. be it Resolved, That the town of ............ , in the county of ............ : state of New York, be and is hereby authorized to construct (rebuild or repair) the said highway (or bridge). and that the said town is hereby cuthorized and empowered to issue its bonds upon the credit of such town to an amount not to exceed the sum of ............ dollars, and to sell or cause the same to be sold at not less than their par value to the highest bidder at a rate not exceeding 5 per cent. per annum for the purpose of paying the cost and expenses of the construction (repair or rebuilding) of such highway (or bridge); and Resolved, That such bonds shall be signed by the supervisor and the town elerk of the said town of ............ , and that the supervisor of such town shall negotiate such bonds according to law and as above provided, and that he shall apply the proceeds of the sale thereof to the payment of the cost and expense of such construction (repair or rebuilding). That the said supervisor before issuing or negotiating any of said bonds shall make and execute to the town clerk of such town in behalf of and for the benefit of such town, a good and sufficient bond or obligation in the penal sum of a ob y ere eee dollars, conditioned for the faithful performance of his duties in issuing such bonds, and the lawful application of the funds which may be realized by the sale thereof, and of the funds that may be raised by tax or otherwise for the payment of the bonds issued in pursuance of this act, and the interest thereon, which may come into his hands. Such bond or obligation so made by the said supervisor, shall be approved by the town board of such town and filed in the office of the town clerk; and be it further Resolved, That such bonds shall be made payable at the .......... Bank, in the city of ............ , and that the interest on such bonds shall be payable at such bank, semi-annually on July 1st and January lst of each year. That one thousand dollars of the principal sum of such bonds shall be made payable on the Ist day of January in the year 19.., and one thousand dollars thereof shall be made payable on the Ist day of January of each and Forms. 1059 every year thereafter up to and including the lst day of January in the year 19..; be it further Resolved, That before any of the bonds authorized by this act shall be issued, the supervisor of the town of ............ , shall advertise for sealed proposals for the amounts or part thereof, of said bonds so authorized to be issued, but in amounts not less than five hundred dollars each, such advertisement to be published for two consecutive weeks prior to such issue, in two newspapers published in the state of New York, at least one of which shall be published in the county of ............ ; and be it further Resolved, That the form of such bonds shall be as follows: INGig -gis53)5 and $1,000. Bond of the town of ............, county of ............ , and state of New York, for constructing (repairing or rebuilding) roads and bridges in said, town. Know all men by these presents, that the town of ............ , county Of canewes cae’ , and state of New York, is held and firmly bound unto empahinnen abana hd tana in the sum of one thousand dollars to be paid to the said RNR A a era ee , his or their certain representatives, successors or assigns, on the Ist day of ............ , 19.., for which payment well and truly to be made the said town of ............ binds itself firmly by these presents. Dated the ........ day Of oscvcesecains 5 Des The condition of this obligation is such that if the above bounden town OLp 236d a asindistss ihe shall well and truly pay or cause to be paid to the above named ............ , his or their certain’ representatives, successors or as- signs, the sum of one thousand dollars, and annual interest upon all sums unpaid thereon to be paid on the Ist day of ............ , as the same shall occur, at the rate of four per cent., from the date of the last payment thereof, then this obligation shall be void, otherwise to remain in full force and virtue. All payments of principal and interest to be made at the .......... Bank .in the city of ............ , state of New York. ‘ | This bond is issued in pursuance of sections 14 and 69 of the County Law, of the provisions of the General Municipal Law, and a resolution of the board of supervisors of ............ , county, passed ............ In witness whereof, the said town has caused these presents to be signed and sealed by the supervisor and town clerk of said town. (Town seal.) There shall be attached to each of said bonds the proper number of inter- est coupons made payable in accordance with this act, and each of such interest coupons shall be signed by the said supervisor and the said town clerk; be it further Resolwed, That the board of supervisors of the said county of ............ shall assess and levy upon the taxable property of the said town of eal ecient aretoten , @ sufficient sum to pay the principal and interest of said bonds from year to year as the same shall mature, and the supervisor of said town of ............ , Shall report the amount of said principal and interest to the said board of supervisors as required by law. 1060 Forms. CERTIFICATE OF CHAIRMAN AND CLERK OF BOABD, STATE OF NEW YORK, COUNTY OF ........... \ i We, the undersigned, chairman and clerk of the board of supervisors of the county of ............ , for the year 19.., do hereby certify that the foregoing is u true copy of an act passed by the said board, by a two- thirds vote of all the members elected thereto, on the ........ day of sles epee 2 64 g 1D as (Signed by chairman and clerk of board.) [The following forms are prescribed by the state engineer and surveyor under the “Good Roads Law” (L. 1898, ch. 115, ante, p. 723). Form “A” is the petition to be presented by property owners to the board of supervisors asking for improvement of the highway. Form “B” is the resolution to be adopted by the board of supervisors in cases where property owners present petitions to the board asking for such improvement. Form “C” is the resolution to be adopted by the board of supervisors in cases where no petition is presented by the property owners. Form “D” is the final resolution to be adopted by the board of super- visors upon presentation of plans, specifications and estimate of cost of the proposed work, whether said work is called for by petition of property owners, or upon resolution of the board of supervisors only. The resolution covered by Form “E” should also be adopted at the same time that the resolution covered by Form “D” is adopted, providing the improvement is undertaken upon a resolution of the board of supervisors only. The resolution covered by Form “F” should be adopted in connection with Form “D” in cases where the improvement is called for by petition of the property owners. In some cases it is necessary to procure a right of way, in which case the resolution covered by Form “G” should also be adopted by the board of supervisors in connection with the resolution by Form “ D.” It is suggested that such forms be carefully followed in all cases, thus facilitating the progress of the various steps preliminary to the prosecution of the work. Especial care should be used in describing the road covered by the petition, giving its length, termini, town within which located, etc.] FORM No. 160. A To se UsEep IN PETITION FoR THE IMPROVEMENT oF HiGHWAYS TO BE PRE- SENTED TO THE BOARD OF SUPERVISORS BY A MAJORITY OF THE PROPERTY OwNneERS. To the Honorable the Board of Supervisors of ........-... county: The undersigned respectfully represent: First, that they are the owners of a majority of lineal feet of real estate fronting on the following public highway, within the county of ...........- ‘ town of ............ , and described as follows: ........eeeeeeeeeeeeeees ee ee being a distance of about ............ miles. Said road above described being known as the ................ ee ee esses Second, believing that public interest demands the improvement of that section of said highway, described as follows: We respectfully petition your honorable body to pass the necessary reso- lution, requesting that such highway be improved under the provisions of chapter 115 of the Laws of 1898. Name of Property Owners. Frontage in lineal feet on property described. (Write names here.) (Number of feet here.) CERTIFICATE. This certifies that I have examined the annexed petition, and have com- pared the names of the signers thereto, with the description of the property as shown upon the assessment-rolls of said town of ............ county Of seria vei see , N. Y., for the year ........ , and I do hereby certify that the persons signing the annexed petition, are the owners of a majority of the lineal feet fronting on that part of .......... road in the town of .......... referred to and described in the annexed petition. Dated ........0.00- Town Clerk of the town Of .....eeceeee » county of Lea a aes 1, N.Y, Witness to signature, FORM No. 161. ce B ” Or RESOLUTION TO BE ADOPTED BY THE BoARD OF SUPERVISORS IN CASES WHERE PETITION IS MADE BY THE PROPERTY OWNERS FOR THE IMPROVE- MENT OF HIGHWAY. Whereas, on the ........ day of as sseesas ven , 19.., there was duly pre- sented to this board, pursuant to sections 1 and 2, of chapter 115, of the Laws of 1898, a petition from the property owners of a majority of the lineal feet fronting on the section of a certain highway, situate within the county of ............ , and which section is herein described, setting forth that the petitioners are such owners, and asking that said section of the highway be improved, under the provisions of the act referred to; and Whereas, such description does not include any portion of the highway within the boundaries of any city or incorporated village; therefore, Eesolved, That public interest demands the improvement under the pro- visions of chapter 115, of the Laws of 1898, of the section of that public highway situate in the town Ob eu Sides ee cuss +s, COUNtY Of ............ , and 1062 Forms. being a distance of about ............ miles. | Resolved, That the clerk of this board is hereby directed to forthwith transmit a certified copy of the foregoing resolution to the state engineer and surveyor. STATE OF NEW YORK, ] ag tay ea has alias “wr dul ies County. \ Office of the Clerk of the Board f 8% of Supervisors. This is to certify that I, ............ , clerk of the board of supervisors of the county of ............ , have compared the foregoing resolution with the original resolution now on file in this office, and which was passed by the board of supervisors of said county of ............ >on the ........ day OL) asters aoe , and that the same is a correct and true transcript of such original resolution and the whole thereof. In witness whereof, I have hereunto set my hand and the official seal of the board of supefvisors, this ........ day Of os aserieestse's Devs FORM No. 162. ae C 3 Or RESOLUTION TO BB ADOPTED BY THE BoARD OF SUPERVISORS WHERE No PETITION IS PRESENTED BY THE PROPERTY OWNERS. Whereas, at a meeting of the board of supervisors of ............ county, N. Y., held in the ............ Of igi s owing 5 OW the ws... ees day of Sitivhsesetyeiauses , 19.., a quorum being present and a majority voting in the affirmative, the following resolution was adopted: Resolved, That public interest demands the improvements under the pro- visions of chapter 115, of the Laws of 1898, of that section of public high- way situate within the town of ............ , county of ..iearcsaees , and described. as; follows? sas cssceaeeaeossesews ees so 4aed eee mee ee eae Ban being a distance of about ............ miles. The above description does not include any portion of a highway within the boundaries of any city or incorporated village. Resolved, That the clerk of this “board is hereby directed to forthwith transmit « certified copy of the foregoing resolution to the state engineer and surveyor. STATE OF NEW YORK, bi GN a halle eine eNaiea ee Ie County. | eee Office of the Clerk of the Board of Supervisors. This is to certify that I, ............ , clerk of the board of supervisors of the said county of ............ , have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the board of supervisors of said county of ............ , on Fors. 1063 the gucaascess day of ........000- , 19.., and that the same is a correct and true transcript of such original resolution and the whole thereof. In witness whereof, I have hereunto set my hand and the official seal of the board of supervisors, this ........ day of FORM No. 163. +e D oP Or FINAL RESOLUTION TO BE ADOPTED By THE BoarpD OF SUPERVISORS APPROVING AND ADOPTING THE PLANS, SPECIFICATIONS AND ESTIMATE OF Cost oF THE ProposeD IMPROVEMENT AFTER Same Have BEEN Pre- SENTED BY THE STATE ENGINEER AND SURVEYOR. 1. Whereas, at a meeting of this board held on the ........ day of Mar bad eaeelaa'g , 19.., a resolution was adopted that provision should be made for the improvement of that portion of the highway commonly known as note dase ae , and described as follows: ©... ... 6. cee eect eee e eee eee in accordance with the provisions of chapter 115 of the Laws of 1898; and 2. Whereas, the state engineer and surveyor has investigated and deter- mined that a section of said highway is of sufficient public importance for improvement in accordance with the provisions of said chapter 115, and has certified his approval of the said resolution; and 3. Whereas, said state engineer and surveyor has caused a section of said highway, which section is described as follows: ........ 0... e eee ee cere to be surveyed and mapped, and has caused plans and specifications and an estimate of cost to be made for said improvement, and has transmitted the same to this board; 4. Resolved, That the highway above described in paragraph one, be im- proved and constructed in that portion thereof above described in paragraph three in accordance with the maps, plans, specifications and estimate pre- pared for such improvement by the, state engineer and surveyor under the provisions of chapter 115 of the Laws of 1898. That said work he done under the charge, care and superintendence of the state engineer and surveyor, and that said maps, plans, specifications and estimate prepared by said state engineer and surveyor for said work, are hereby duly approved and adopted by this board. 5. Resolved, That the treasurer of the county of ............ is hereby authorized and directed to pay upon the requisition or draft of the state ‘engineer and surveyor the sum of ............ dollars ($........ ), being one-half of the estimated expense, which amounts to $........ , for improv- ing and constructing in accordance with the provisions of chapter 115, Laws of 1898, the section of ............ road as described in paragraph three, from the moneys specifically appropriated therefor. I hereby certify that the above is a true copy of the resolution passed by the board of supervisors of ............ county, at a meeting held on the joa BeaRhORS day of ...........-, 19.. Clerk of the Board of Supervisors. (Attach seal here.) 1064 Forms. FORM No. 164. ce E 9” Or RESOLUTION To BE ADOPTED BY THE BOARD OF SUPERVISORS IN CONNECTION wiTH Form “D,’ In CASES WHERE THE IMPROVEMENT OF Highway Has BEEN UNDERTAKEN UPON A RESOLUTION OF THE BoAaRD OF SUPERVISORS ONLY, AND NoT UPON THE PETITION OF THE ADJACENT PROPERTY OWNERS. Resolved, That of the total estimated cost of said improvement, amounting to $........ , 35 per cent. thereof, amounting to $........ , shall be paid by the county of ............ , and said 35 per cent. ($........ ), together with the accumulated interest thereon, shall be inserted in the general ‘tax levy for the year ........... .3; and that 15 per cent. of said total, amount- ing to $........ » Shall be paid by the town of ............ , and said 15 per cent. ($........ ), together with the accumulated interest thereon, will be added to the amount of tax to be raised in said town of ............ in the levy of ............ I hereby certify that the above is a true copy of the resolution passed by the board of supervisors of ......... +.» County, at a meeting held on the Seog s day Of 24400 s02sauy 1D... Clerk. (Attach seal.) FORM No. 165. ee F ” Or RESOLUTION TO BE PASSED BY THE BoarD OF SUPERVISORS IN CONNECTION witH Form “D,’ In CASES WHERE THE IMPROVEMENT oF HIGHWAY HAS Bsen UNDERTAKEN UPON THE PETITION OF THE PROPERTY OWNERS AND THE RESOLUTION OF THE BOARD OF SUPERVISORS ONLY. Resolved, That of the total estimated cost of said improvement, amounting to $........ , 385 per cent. thereof, amounting to §$........ » shall be paid by the county of ............ , and said 35 per cent. ($........ ), together with the accumulated interest thereon, shall be inserted in the general tax levy for the year ........ ; and that 15 per cent. of said total, amounting t6° Sicesciws , shall be assessed upon and paid by the owners of the lands benefited by said improvement, to the extent and in the manner provided by the provisions of chapter 115, Laws of 1898, relating thereto. I hereby certify that the above is a true copy of the resolution passed by the board of supervisors of ............ county, at a meeting held on thE ios dsceitia day of ..........6. gO cc (Attach seal.) Fors. 1065 FORM No. 166. “ G a” Or RESOLUTION To BE ADOPTED BY THE BOARD OF SUPERVISORS PROVIDING FOR REQUISITION OF THE RIGHT OF Way. THIS RESOLUTION TO BE PASSED (WHERE NECESSARY) IN CONNECTION WITH THE RESOLUTION ADOPTING Piaws, SPECIFICATIONS AND EsTIMATE SUBMITTED BY THE STATE ENGI- NEER AND SURVEYOR, IN Form “ D.” Resolved, That the chairman of this board appoint a committee of three, which committee is hereby authorized to secure the requisite right of way for the section of the ............ road in the town of ............ » county Of issaecs meses » N. Y., which is to be improved in accordance with the provisions of chapter 115, Laws of 1898, and 240, Laws 1901. That said committee is authorized to obtain said right of way, either by dedication or legal proceedings, as may be necessary, in order that said right of way shall conform to the boundaries of the section of said ............ road as laid out in the maps and plans prepared for the improvement of said road under the direction of the state engineer and surveyor, wherever the boundaries of the proposed new section of said road deviate from the present boundaries and cross the present section of the existing highway. The said committee are directed to procure such right of way at the earliest time practicable, and'as soon as the same is secured, the committee shall report to the clerk of the board of supervisors, who shall notify the state engineer and surveyor in writing; this notice shall be considered proof that the board of supervisors have complied with paragraph 7, of chapter 115, of the Laws of 1898. I hereby certify that the above is « true copy of the resolution passed by the board of supervisors of ............ county, at a meeting held on the Pie ae ee day of ............, 19.. (Attach seal.) FORM No. 167. Notice or APPEAL To BoarD OF SUPERVISORS FROM AUDIT OF ACCOUNTS oF JUSTICES AND CONSTABLES. , (Town Law, § 163, ante, p. 808.) To CO. D., Town Clerk of the town of ........++ , in the county of ........665 and T. W., Clerk of the Board of Supervisors of said county: Take notice that the undersigned, a taxpayer of said town of ............ (or justice of the peace or constable), hereby appeals, pursuant to section 163 of the Town Law, to the board of supervisors of said county, from the auditing and allowing by the town board of said town, the amount claimed by E. F., a justice of the peace (or constable) of said town, for fees (or from the rejection and disallowance by the town board of said town, of any claim for fees) in eriminal proceedings, as follows: ( Here state the claim allowed or disallowed.) Dated this ..... ... day of ......... ee 1D, W. 8S. 1066 Forms. FORM No. 168. JUSTICE’S ACCOUNT AGAINST TOWN IN CRIMINAL MATTER. (Town Law, § 164, ante, p. 809.) The town of ........+.. to E. F., Justice of the Peace, residing at ...... coach in said town, Dr. The People v. O. O. January 10, 19.. Name of complainant, P. P., who resides at .......----- ; in said town. Offense charged was grand larceny. Upon information taken and filed I issued a warrant for the arrest of defendant. Warrant was delivered to N. N., constable of said town. January 12, 19.. Defendant was arrested and brought before me. De- fendant demanded an examination (or as the case may be), which was had, and the following witnesses were sworn on such examination, viz.: (Here name them.) Defendant was held to answer the charge of grand larceny and admitted to bail (or as the case may be). To administering oath to complainant ............. 0. cee ee eens 10 cents. Drawing information .............. cc cece cece eee Seedpeer’ 25 cents. (In same manner make itemized account of fees.) STATE OF NEW YORK, : COUNTY OF ..........- + E. F., being duly sworn, says he is the claimant named in the foregoing claim; that the items of such account as above set forth are correct, and that the services charged therein have been in fact made or rendered, and that no part thereof has been presented to any preceding board of audit, for audit and allowance and that no part thereof has been paid or satisfied. E. F. Subscribed and sworn to before me, this .... day of ........ , 19.. G. H., Justice of the Peace. FORM No. 169. Accounts OF TOWN OFFICERS. (Town Law, §§ 167, 168, ante, p. 811.) John Dooley, highway commissioner (supervisor, overseer of the poor) of the town of ............ , in account with said town. 1903 Receipts. Jan. 28. Received of A. B., town collector.................0.. $275 00 Mar. 5. Received of J. K. for (state purpose and for what)... 125 00 1903. Expenditures. June 4. Paid to L. M. for 1,000 feet of oak plank, used in repair of ............ BHIGR@ ito s4bt baal d bates $25 00 Aug. 9. Paid to I. 8. for labor performed in repairing......... bridge, 20 days, at $1.50................0......00. 30 00 Forms. 1067 VERIFICATION. STATE OF NEW YORK, 8s.: COUNTY OF ........... John Dooley, being duly sworn, deposes and says that he is the person mentioned as presenting the foregoing account; that the items of such account are correct; that the amounts stated therein to have been received by him as highway commissioner (or other officer) of the town of .......... ; are all that he has received as such officer; that the expenditures stated therein have, in fact, been made for the purposes specified; that all of such expenditures were necessary and were made in good faith and for value received; and that the balance of ........ .... dollars is all the money in my hands belonging to said town. JOHN DOOLEY. Subscribed and sworn to before me, this .... day of ........ , 19.. L. M., Justice of the Peace. FORM No. 170. CERTIFICATE OF EXAMINATION OF TowN OFFICERS’ ACCOUNTS. (Town Law, § 170, ante, p. 816.) We, the undersigned, members of the town board of the town of .......... county of ............ , do hereby certify, pursuant to section 161 of the Town Law, that we have examined the annexed account of John Dooley, highway commissioner (or other officer) of such town, and that the same is just, true and correct, and that the balance now in the hands of such highway commissioner (or other officer) according to such account is ....... dollars. Dated sereveeereneg 19,, R. E., Supervisor. J. M., Justice of the Peace. D. O., ad se P. R., e F . G., Town Clerk. FORM No. 171. AFFIDAVIT TO BE ANNEXED TO ACCOUNT PRESENTED TO TowN Boarp FoR AUDIT. (Town Law, § 167, ante, p. 811.) (Itemized Account.) STATE OF NEW YORK, | COUNTY OF ......---+- A. B., being duly sworn, deposes and says that he is the claimant mentioned in the foregoing account against the town of ............ ; that the items of such account are correct, and that the disbursements or services (or 1068 Forms. articles specified, as the case may be) have been in fact made or rendered (or furnished, as the case may be), (or are necessary to be made or rendered at that session of the board), and that no part thereof has been paid or satisfied. A. B. Subscribed and sworn to before me, this .... day of ........, 19.. J.N,, Justice of the Peace. FORM No. 172. ABSTRACT OF NAMES OF PERSONS WHO HAVE PRESENTED ACCOUNTS FOR AUDIT. (Town Law, § 170, ante, p. 816.) To the Board of Supervisors of the county of .........-..¢ We, the undersigned, town board of the town of ............ » pursuant to section 170 of the Town Law, do hereby certify that the following is a cor- rect 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 audited by them respectively: NAMES. Amount claimed. Amount audited. Dated this ........ GAY OF? oes siete cnn ¢ 19s: (Signed A. B., Supervisor, and other members of town board.) FORM No. 173. APPOINTMENT OF BoarD oF AUDITORS BY TowN Boarp. (Town Law, § 175, ante, p. 818.) We, the undersigned, members of the town board of the town of .......... ; county of ............ , having duly met at ............ on the ........ day Of ssiec ss ome es , 19.., at .... M., do hereby appoint pursuant to a vote of the electors of such town at a town meeting held therein on the ........ AY? Of oe oes ois essen , 19.., and section 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 ..........6- , 19.. (Signed A. B., Supervisor, and by other members of town board.) Fors. 1069 FORM No. 174. Bonp oF SUPERVISOR oN AccoUNT oF SCHOOL MONEYS. (Consolidated School Law, tit. 2, § 17, ante, p. 872.) Know all men by these presents, that we, A. B., supervisor of the town OF eA. kindanees » in the county of .........,... and state of New York, as principal, and C. D. and D. E., as sureties, of the same town, are held and firmly bound unto E. F., as treasurer of the county of ............ , in the penalty of ........ dollars (a@ sum at least double the amount of school moneys set apart or apportioned to the town), to be paid to the said E. F., as treasurer of said county, his successor in office, attorney or assigns, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators and assigns jointly and severally, firmly by these presents. Sealed with our seals and.dated the ........ OAV OF cis see oa , 19.. The condition of this obligation is such that if the above bounden A. B., as supervisor, as aforesaid, shall safely keep, faithfully disburse and fully and justly account for and pay over all the school momeys set apart or appor- tioned to said town of ............ and all other moneys that may come into his hands as such supervisor from any other source, then this obligation to be void, otherwise to remain in full force and effect. A. B. [1s 8.] c. dD. [L. s.] D. E. [z. 8.] (Acknowledgment and justification as in Form No. _, ante.) APPROVAL OF CoUNTY TREASURER. COUNTY OF ............ 5 88% I hereby approve of the above (or within) bond as to its form and manner of execution, and of the sufficiency of the sureties therein. Dated ............ > 19: E. F., Treasurer of ........44.. county. FORM No. 175. Report of ScHooLt Moneys on Hann. (Consolidated School Law, tit. 3, § 3, ante, p. 877.) To Hon, J. K. Grant, County Treasurer of ............ county: I, the undersigned, supervisor of the town of ............ » in the county Of axedes tes see , hereby return, as required by section 3 of title 3 of the Consolidated School Law, that the amounts of school moneys in my hands not paid out on the orders of trustees for teachers’ wages, not drawn by them for library purposes, and the districts to which they stand accredited is as follows: District Nos Li. sgajiiedas nen deste Vea panes geen as ales va TE Woree ed $100 00 District Nos-2: ssessss desi eaed cedars ss veins wate dda one Gated 4 75 00 District No: d: siscesdises voewas greek eoeee ts Hw eames saga been 50 00. Total in my hands .............. oie 8s ie eesti s ageas eee $225 00 Dated ............ » 19.. GEO. H. HAGAN, Supervisor, 1070 To the Board of Supervisors of Forms. FORM No. 176. ANNUAL Report oF Town INDEBTEDNESS. (Town Law, §§ 210, 211, ante, p. 944.) HGR eal see county: The undersigned, supervisor of the town of say tylain6 wegen , in said county, pursuant to sections 210 and 211 of the Town Law, hereby reports the amount of public indebtedness of said town, as follows: Mak a Act under ee Amount of Amount debts con- | Rate of which cae of indebted- coming due tracted in | s2terest.| bonds were lecti ¢ | ness paid at during my aid of issued. Cee this date. |term of oftice. : supervisor. Dated this ........ day Of: sss cane es 7 ADs A. B., Supervisor. INDEX. ABATEMENT— Page. of highway tax for planting shade trees..............0eeeeeeeee 632 for maintenance of sidewalk..............e eee eee eee eee ees 633 on account of watering trough............... ec cece eee eee 634 for removal Of fence 4:62.56 05 oe goudeceewed ee neeee eames oo 657 for maintenance of street lamps.................22e-e0ee eee 657 ABANDONMENT— of wives and children, by husbands...............ccceeeeceeeeeee 561 seizure of property for support.................e esse enone 562 sale of property seized.......... 0... cece eee eens 565 redemption by superintendent ...............cceeeee ee eeee 567 ABSTRACT— of county accounts to be published ............. 00.0 cee eae 80 ACCOUNTS— against county, to be itemized............. cc cece eee ee eee 28 VEPINICATLOD oie csa an tlek Aub anteareyty acest muah syevapeind ai ani Syauenes hae 28 presentation in certain, counties............ 0... e cece eee 22 sufficiency of presentation ..........0:cceeee cence eee eeee 28 fraudulent presentation of ........... cece cece teen eee eneee 30 against town, of town officerS........... cece cece cece eee eee eee 803 meeting of town board for audit.......... 0... cece ee eee eee 805 audit by town board........... ccc eee eee cee eee e none 805, 806 certificate of rejection and allowance..............0ceeeeee 806 audit; how’ made: .io¢s2.s2¢ ose e epwime eee tas a wd os Sree le ew 806 of justices of the peace and constables...............ee cece 808 what to contain ......... ccc cece eee eee cent eneneee 809 fees in criminal proceedings...............--+:e+eeeee 809 FOL. 6:55:65. oe Soe algae diem os Pale eae Ee AAT ewe ie 811 verification ......... dais ob MEDS wlan Me aig sled ana ewee ese oe ties 811 town scharges: o.cci.c6.ee03 ee tees ades eae geese Meee wee ee 812 audit by town auditors...........: cece eee cece eee rene tees 817 ACTIONS— in. nameé: Of COUNtY 2066. ccee seen d save eseusesDeewnernened ee ae 2 by. and against a COUNTY....... ccc ccc cee ee eee eee eens 3 special town meeting to raise money to prosecute or defend...... 200 prosecution or defense, town meeting to direct................- 242 power to borrow money for.............eeeee cece ee eeeeee 243 for penalties, to be prosecuted by supervisors...........-.+eee 275 68 1074 InDEx. ACTIONS—Continued. Pace. by and against town, in name of town............cceee cece ences 819 for trespass on town landS...........cecceee eee e cece eee eeenes 820 against officers to prevent illegal acts..............ceeeeeeeeee 909-921 in Official capacities: v.06 cccseenswsestdeeramsneveees eee 919 for malfeasance in executing municipal bonds...........-. 933, 934 AGRICULTURAL LANDS— drainage, under agreements with owners.............eeeeee00 317 submission of differences to fence viewers...............+-+ 318 findings of fence viewers............ ec eeeeneeeeeeeees 318 compensation of fence viewerS............cceeeeeeeeee 318 duties of fence viewers............... cece eee eee eee 319 when not deemed diversion of waters..............000- e000 318 AGRICULTURAL SOCIETY— real property exempt from taxation..................22.0e eee 336 ALMS-HOUSES—See Poor Persons; Superintendents of Poor. erection, alteration, and acquisition of lands for................ 49 acquisition of site and erection of buildings........ Suomen aw Sean 60 superintendent of poor to control.......... 2. cece cece eee eee eee 479 to ‘make: rules. 48 tos cio cieis ceeisioad patee te Hea eeOR Ya aaa 479 to appoint Keeper o.5 cciseacesag crue ceases cugwed ese wees 479 to purchase supplies, ete. ............008. sieeve gee eet es os 479 to prescribe rate for bringing poor persons...............+- 480 keeper, when superintendent to act as........... cee cece eeeeeee 482 pestilence in, inmates to be removed................cceee eevee 484 statement of amount expended for town poor..............0+05- 485 register, what to. contain... cscs cee cis meee enede rs AGG Rar aaes oe 487 children not to be sent to... ...... ccc eee cece cree eee eeeneeanees 489 not to be committed as vagrants........... cece eee eee eee 490 relief of poor persons; removal tO ..........cee cece eee ee een eee 520 EXPENSE, OF TEMOVA]. isis vie cciiessrye riers sc eisiace'e eveieitere es eveie eae sree bose 522 support Of POOr PeTSONS..... 2... 6. eee eee tte e eee e eet eeee 523 state board of charities, duties as to......... cece cece teen ee eee 491 visitation and inspection ............ cee eee ee cence eens 491 approval of plans .......... ccc cece cece tenet e ene eeees 493 attorney-general and district attorneys to aid in investigation, 493 BEALE! POOR UN povierseinicin aig eiaieiorare waiaile Vie a aided euerardubsareraielonana oe OE HE Oe 494 visitation by state charities aid association..................06 494 removal of bastard and mother to........... cece ee cece er eeeeee 554 state poor maintained in........... cece cece eee eee 575 expense paid by state........ 0... eee e cece ence eee een wees 575 visitation and inspection ........... 6. cee cece eee nes 577 Indian poor, maintained in... .... ccc eee ee eee cece teens 579 ANIMALS, NOXIOUS— bounties for destruction of, a county charge................006 37 board of supervisors may make regulations as to destruction of.. 47 town meetings to provide for destruction........... 0... . eee e ee 243 Inpex. 1075 ANIMALS, STRAYED— Pagae. lien upon, when doing damage ......... Witwesarieh aieeaectenes 454 MOICE CO be filed. cows ia cues ova s vawewsaeweN vier eee aeS eee 455 fees for recorvding i065 .iccees ade saea ts bones acavess 455 AMpoUNding ¢ yeuds Gaisas gane Wie auies. ous asia bide we eiaae Hedale AaOSE OF 455 NObICe TO: OWNER «2x ings sanawewana’s pee ooneuils SwER es Monee De 456 charge £00 NObied 24 ave sed os sje e sped se Aiees Gere a SCR BG Buda wi eaBane 34 MeN eee we 810 VESSELS— exemption from taxation ......... ccc cece cece eee eee e teen neees 336 VILLAGE ELECTIONS— legalization of informal acts of............. sees eee cece eee eens 52 VILLAGES— incorporation Of 2... sce cee ka dea eae ade ood eed ee ee eee ees 282 proceedings before supervisOr ........... eee e cece een e eee 282 tiotice Of hearing: aaacs senses weeds edes ssa ee eis teas da Cea ees 284 proceeding on hearing ...........e cece eee e cence eee eens 284 decision of SUpPerVISOT ....... 6. cece eee enews 285 notice of appeal from decision............6 2. sc cee cece eee ee 285 hearing and decision of appeal.............. 2. ce cece eee 286 compensation for services of supervisors and town clerks.... 286 72 1138 InpeEx. VINEYARDS— Pace. laying out highways through..............0eceeee eect eee 670 VOTING MACHINES— adoption for use of tOWN......... eee cece cence ee eet eee teenies 225 who to provide ..........eee es aeee “speeds aagiiig a drasgndsie, ana teen 225 payment Of COSt 0... cece csc e er cee eee tect eee e eee e scene eeeees 226 number of voters in election district........... cee eee eee e ee eeee 226 WARRANT— of collector for collection of taxes...........cceece sense en eeneee 403 WALER— PUTIM CAM ON, cceiee gard dds QuwN einai yes wae ea arene booieea weiss 852 WATER DISTRICTS— in towns, establishment ........... cee eee cere cere etree eeneee 838 commissioners, town board to appoint...........cceeeeeeeeeeees 839 construction Of WOTKS 2.0... .. cece cece tree eee eee renee eens 840 issue of town bonds........ 0... cece eee e cece eee ee arenes 840 assessment of cost on property... .....eceeeeeree creer errr e rere 841 control of water WOrkS ........ccee cece cree eee en ene eeesencens 842 WATERING TROUGH— abatement of highway tax ........ ccs e cece eee ete ence tenons 634 WATER SUPPLY DISTRICTS— town board may establish.......... cece cence renee eect eeeeee 834 WATER WORKS CORPORATION— contracts with town ..icscacrswewsssene sc ewes ta seas rs wee ea te 835 town may acquire WOrkS........ ccc eee cece ccc eeetneeeeeneeaee 836 submission of proposition ........ ccc eee e et eee teen ee eneee 836 WEEDS, NOXIOUS— bounties for destruction of, a county charge..............-02000. 37 board of supervisors may make regulations as to destruction of... 47 town meeting to provide for destruction..........0..eceeeeeeees 243 overseer of highways to cause to be destroyed.............e00e0e 618 in highways, owners to cut .........eseeeeeneee Pp oseeeaeeaess 654 overseers to motify OWNETS......... cece cee eee e nee eeeee 655 duty of highway commissioners a8 t0............cseeeeeeeee 655 WEIGHTS AND MEASURES— duties of state superintendent............ cece cece cece tenet eees 951 copies of standards........... cc cece e cece cece eeeeeeeeenene 952 county sealer, appointment ........c cece cece cece ane c ens eeees 952 town sealer, appointment ......... dee eeeeeene meee e cena aeenees 952 fees for Be@ling ssccassstnk ceaead csvaw cIOT Es VES awe ewes 953 standards to be delivered to succesSOr...........e cece eee ce eens 953 WIDENING HIGHWAYS— narrowed by stream Or Fiver.......cceeeeecereccceaccceeaceees 768 Inprx. 1139 WIDE TIRE— Pace. rebate for U66. Of occas Gan vecsens Modena sek eed eeaaets 658 board of supervisors may regulate use...........eeceeee eee eees 722 WIRE FENCE— purchase, to prevent snow blockade............. es cee eeeeeeeees 616 WITNESSES— examination by board of supervisors............+0+ aeiie ei eltaat 26 18 subpoena, how issued .........csesececcccesseceeceseseses 18 administering Oath ......... cee cece cece cece eeeeeeeeesenee 18 powers of committees of board........... ees wtdiaave’s Stet ds 19 adjournment, discharge when arrested............seeeecees 19 undertaking upon discharge ............+. e.eehee ehene ess 19, 20 fees of, in criminal cases, a county charge......... sadn e sata tie 35 traveling fees, for subpoenaing ..... sence cecssececrvecesesses 816 WOMEN— : vote at town meeting on propositions for raising money.......... 208 WORK HOUSES— board of supervisors may establish and maintain....... ee 144